Signed Guarantor Agreement but no AST contract signed

saajan_12

hsimmson wrote: »

1) No where does it state the word 'deed'- okay so the 'guarantor agreement' is invalid.
As the guarantor's aren't getting anything in consideration, it needs to be properly presented as a deed. So the guarantors aren't on the hook for anything.

2) No where on the guarantor agreement does it state what the 'Tenancy Agreement' is... but I would assume he's talking about the AST contract?- deed invalid so now this is irrelevant


3) The email does not state 'Subject to signed agreement'. Just states that we will need to get the guarantor agreement signed. The contract signed and states the rough date we will meet for the handover and the cost of rent / deposit.- you'd have to quote the emails to see if they meet at an agreement. My knowledge in this area is sparse though.

The guarantors are off the hook, at best the LL could chase the students on the basis of a contract formed by the emails. However this is unlikely because the students likely have little money (which is why they needed guarantors in the first place). My suggestion would be to ignore, only engage if / when they try to claim off the students or actually serve court papers to the guarantors.

G_M

Is this thread still ongoing? Why?

There's no tenancy. There's no rent due. There's no damage caused to the property. The tenants owe nothing. The guarantors canot be chased for money that the tenants don't owe. And (as if that's not enough) it appears the guarantee was not executed as a deed.

Ignore. As I said earlier - do not even reply. Pointless.

ps.
Incidentally (and irrelevantly, but a point of potential legal interest), I suspect the words

The Landlord agrees to let the property to the Tenant(s). In consideration of this, the Guarantor agrees to ....

are included to attempt to make the guarantee agreement a separate contract between the landlord/agent and the guarantor.

This is a legal nonsense, as the guarantor is being given nothing in return - it is the tenants, not the guarantor who receive the property. There is no 'consideration' for the guarantor.......