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New tenancy agreement wanting Guarantor not witness signature

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  • marksoton
    marksoton Posts: 17,516 Forumite
    Katy43 wrote: »

    I think I may have to contact the Landlord direct.

    You've nothing to lose.

    Simply point out the positives. You've been there a long time etc etc...
  • Katy43
    Katy43 Posts: 131 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I moved in at the end of July 2007 but the agreements have changed over the years.

    I just hate dealing with the agents, I find them so stressful.
  • theartfullodger
    theartfullodger Posts: 15,701 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Katy43 wrote: »
    I moved in at the end of July 2007 but the agreements have changed over the years.....
    That;s only 9 years ago, not 19: Did you mean end July 1997??
  • Katy43
    Katy43 Posts: 131 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Ooops, yes sorry!
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Katy43 wrote: »
    I moved in at the end of July 2007 but the agreements have changed over the years.

    I just hate dealing with the agents, I find them so stressful.

    Still a long time to be renting the same property, but not 19 years by any arithmetic that I'm familiar with!
  • eddddy
    eddddy Posts: 17,998 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My guess is that they they've just used the wrong AST template (i.e. they've used the one they use when there is a guarantor.)

    Either, request a correct one, or cross out the reference to a guarantor, and initial the changes.

    If the agent/LL is unhappy with your amendments, they will contact you.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1) an AST does not nedto be witnessd,so it's been unecessary all these years

    2) a guarantor is not a witness. He is agreeing to pay any debts (damage, rent etc) associsted with the tenancy

    3) however it needs to be specified exactly what he is guaranteeing, via a 'Deed of Guarantee'. This should explain to the guarantor what he's guaranteeing, and not only should he sign it, but his signature should be witnessed.

    4) so you could simply sign this tenancy agreement with the 'witness/guarantee since the guarantee bit is invalid.

    5) but better still, get it amended, either by the agent or the landlord

    6) yes you could refuse to sign, but you then lose the security of two years fixed term. The LL or agent could evict you. The LL is unlikely to (no benefit) but if he delegates everything to the agent, the agent might, since he would get more money by having to find a new tenant for the LL.
  • Katy43
    Katy43 Posts: 131 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thank you for all your replies. I think I'll try and get it amended, see what the response is!
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