Terminating Guarantor on tenancy that's become periodic at the end of the 3 month term

user1977

That isn't a guarantee, it's a form for details in order to assess your suitability as a guarantor.

canaldumidi

user1977 said:

That isn't a guarantee, it's a form for details in order to assess your suitability as a guarantor.

Indeed. So what was all that rubbish I wrote above about...........

theartfullodger

I can see space for guarantor to sign, thanks: I doubt it is legally enforceable: (Obviously landlord can try to get you to pay but I'm doubting they would succeed). 

You may wish to read this lot...
https://forums.landlordzone.co.uk/forum/residential-letting-questions/73441-tenancy-guarantees

For the avoidance of doubt, IANAL 

m33r4

canaldumidi said:

......

What did you actually believe you were agreeing to?

If the rent fell into arrears I would have to pay it on their behalf

m33r4

canaldumidi said:

Is that everything relating to the guarantor?

It's difficult to read but I cannot see even a space for the guarantor to sign, let alone a witness siginiture for the guarantor.

Nor can I see any clause or statement regarding the terms of the guarantee - what is the guarantor agreeing to guarantee? It does not appear to say.

Hard to believe this would stand up in court as a valid Deed of Guarantee.

Have you signed nothing else? Here is an example of a valid Deed:

DEED OF GUARANTEE

I also note it is called a 'Reference Guarantor Form'. Implying it is is in some way guaranteeing that the tenant's reference is valid - if so that's very different to a rent or damage guarantee!

What did you actually believe you were agreeing to?

My signature did not have to be witnessed either - as you note, there is no space for this.

I signed it, scanned and emailed it over to the agent.

Slithery

theartfullodger said:

I can see space for guarantor to sign

If you read what that signature means it's only giving permission for their details to be used to asses their suitability as guarantor.

It isn't them agreeing to actually being one.

canaldumidi

m33r4 said:

canaldumidi said:

......

What did you actually believe you were agreeing to?

If the rent fell into arrears I would have to pay it on their behalf

Again, like the signiture, maybe I've missed it but... where does it say that?

As you'll see from the example Deed I linked previously, it needs to clearly state what you are guaranteeing, which this does not.

And to be legally valid it needs to be Executed as Deed (and hence witnessed), though admittedly in some cases judges are flexible in enforcing that provided it is clear what the intention was - which is not the case here.

As for your original question (terminating), that is one of the clauses usually included in such a deed. It is normal for the Deed to say the agreement will continue as long as the tenant remains in occupation, irrespective of whether under an originalfixed term or a subsequent periodic tenancy. But this is not specified so who knows?

Sandtree

m33r4 said:

theartfullodger said:

That would depend on at least two things...
a) Was the guarantee set up correctly (eg as a deed, witnessed..) or not? If not it's probably unenforceable so you should be OK..
b) If guarantee rock solid, your ability (as I presume guarantor?) to end it would depend on the exact wording of the guarantee, which I sadly can't see from here...

- if tempted to post the wording, make sure you take out names & addresses..

Tenancy agreement attached.
Guarantor form attached - 1st page at the bottom of the screen

Many thanks.

That looks like a data capture form which will then be used to ensure you are a suitable guarantor and then to fill in the Deed of Guarantee

m33r4

Thanks, everyone - most valuable advice and input from you all, and it's much appreciated!

I emailed the rental agent asking them to remove me as guarantor and they said they need to ask the landlord first. 

After your advice I have sent them this reply:

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The document I signed and sent you was a Full Reference Guarantor Form and not a Guarantor Deed/Agreement.  

Under UK law, if the Guarantor is not included on the Tenancy Agreement, and is given a separate Guarantor Agreement to sign (as I was), the guarantor needs to have sight of/be given the Tenancy Agreement first (I was not given/shown the Tenancy Agreement until I asked for it today, 18 Feb 2022), and directed by the content of this Tenancy Agreement, the Guarantor needs to execute (sign) the Guarantor document as a Deed in the presence of a Witness (your Full Reference Guarantor Form has not done this). For your additional information, a guarantor cannot be forced to pay up in respect of a tenancy agreement he/she has never seen. 

There is no point asking the Landlord in this case so please update your records by removing me as Guarantor for this rental property. 

The tenants have paid up on time for the past 6 months now and proven themselves capable of continuing to do so.

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m33r4

The following website also contains some useful info on this: https://landlordlawblog.co.uk/2017/03/08/tenancy-agreements-33-days-tips-day-9-guarantees/