Rent Guarantor for Ex Wife

Comms69

mr_megs wrote: »

I can't see any sensible person taking that course of action, it is very easy to say behind a keyboard but in reality I don't think so. I'd also be making a point to the judge after say 2 times in court asking that either the Tennant to be evicted or I be released as guarantor, an interesting argument.

Not legally it isn’t. The judge would have no choice in it.

foxy-stoat

Or when you sign it dont get it witnessed.....happy day !

BrassicWoman

If you don't want the responsibility and which comes with being a guarantor, then don't sign a guarantee. No point thinking of ways to wriggle out which are unlikely to succeed, when you can avoid the whole issue right now.

Sea_Shell

Does a guarantor agreement have to be witnessed to be legally enforceable? If so, how and by whom?

G_M

foxy-stoat wrote: »

Or when you sign it dont get it witnessed.....happy day !

Stritly speaking you are right - the guarantee should be Executed as a Deed with a witness.

But judges have been known to enforce guarante agreements that were not Executed, where they are satisfied that all parties were fully aware of what they were agreeing to, and what their responsibiites were.

as to the debate of whether a landlord would or wouldn't take the guarantor to court, when, and how often, and whether the LL would also evict, or not......

well different LLs will take different courses of action as demonstrated by this thread!


The safest option for the OP is to get the guarantee agreement clearly limited, either by time (ie liability expires 6, 12 months whatever after Execution) or by amount (ie guarantor will be liable for a maximum of £X000).


Whether the LL would agree to such terms is unknown.

mr_megs

Brassic woman I'm not sure what has given you the impression that I am trying to wriggle out of it, I am simply trying to understand the amount of risk I am (about to be) exposed too by understanding what happens in the worst case scenario.

Sea_Shell

AIUI you could also be on the hook for any damage to the property caused by the tenant too...so you may need deep pockets!!

AdrianC

mr_megs wrote: »

Brassic woman I'm not sure what has given you the impression that I am trying to wriggle out of it, I am simply trying to understand the amount of risk I am (about to be) exposed too by understanding what happens in the worst case scenario.

The absolute worst case is that the landlord evicts the tenant after many months of unpaid rent, with substantial costs to do so - and then finds the property has been left a trashed ruin.


And all the costs for that will be on you.

mr_megs

Thanks G_M, I'm sure that the LL wouldn't go for that and to be honest I am really keen for her to move out as our house sale is about to complete and it's for a great price which I don't want to lose, that and a lot of other reasons (such as me paying a mortgage for the house which I don't live in) sees me wanting the ex out and for us to move on. She hasn't got anyone else to be a guarantor so it falls to me otherwise we will loose the sale and be in for more months of struggles.

I understand there is risk in me being guarantor but by holding 8 months rent I hope this should cover most of what I would need should the worst happen.

She is not the type to smash up a place also, although I know that is a risk too, thanks.

Comms69

Why does she need a guarantor; I did ask before