New tenancy agreement wanting Guarantor not witness signature

Katy43

Hi,


I have renting the same property for 19 years, signing a new agreement every 2 years. On each renewal the Agents have wanted a Witness signature but now the agreement states that the Witness is a Guarantor.


Could anyone tell me the ramifications of this, what if I were to drop dead in 3 months, would my Witness be liable?


Any advice would be appreciated

booksurr

a guarantor is not a "witness"

a guarantor is liable for anything you do not pay, however, if you die then the tenancy is rather obviously terminated and there is nothing left to guarantee!

If, more realistically, you default on payment whilst alive then yes, the LL could look to them to make good any unpaid money

Katy43

Thank you for your reply.

I'm not comfortable asking someone to do this for me. I don't know why this has changed as there has never been a problem.

Where do I stand with this?

Guest101

Don't sign it, continue on a periodic tenancy?

Katy43

Well I could do but I would feel happier with the security of a tenancy agreement.

I don't know why this has changed.

Would they be able to evict me if I don't sign. Every time to renewal come up I have to sign an s21 before the new Agreement come through.

Any advice?

davidmcn

Would it even be an enforceable guarantee if the guarantor's signature wasn't itself witnessed?

But anyway, I would suggest amending it so there is no reference to a guarantee. I presume the landlord would prefer to have a new (but unguaranteed) agreement than no new agreement.

bebewoo

Are you in England or Wales? If so then yes you go periodic if you don't sign a new agreement.

Also just signing your tenancy agreement would not make a person a guarantor they would have to sign a deed of guarantee too but your agents sound like amateurs who don't know what they are doing.

melstar11

If you do want to sign up for another fixed period them phone the agents and tell them they've sent you the wrong version of the AST as you don't need a guarantor. Providing you've paid the rent on time there's no earthly reason for a guarantor to be needed and this should have been discussed with you. Alternatively, cross out and initial 'Guarantor' and write witness in yourself.

stator

Yes, they could evict you if you don't sign it. But they probably won't.
No, it doesn't sound like a real guarantor, but I wouldn't sign it anyway.
Write to them, asking why they have done this and ask them to send a new copy without the wording.

Katy43

Thank you all so much for your replies.

I have been a very good Tenant for the past 19 years. Money has never been a problem, the property is very well looked after.

However the Agents are a nightmare, they don't reply to emails, on the rare visits I'm viewed with a sort of Serf like disdain and the person who's supposed to be in charge simply rants and raves.... No maintenance has been done here since about 2012. More often than not I spend my own money getting things done.

Can I be liable for underground pipes?

I think I may have to contact the Landlord direct.

theartfullodger

Katy43 wrote: »

Hi,


I have renting the same property for 19 years, signing a new agreement every 2 years. ......

When EXACTLY did you 1st move in??

If before 28/02/1997 they you very probably have an "assured tenancy" not AST - regardless of the paperwork. See
http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

Unless your landlord can prove he served you a particular notice (? section20?) before you moved in you have an AT and,basically, if you keep paying the rent they can't evict you..

If so then there is no advantage to you signing any new agreement: Ever! When did you move in??

However, if you are in that happy state, signing a new AST does not actually change the AT to an AST (weird eh!) so, if no fees, you might want to ,...