Guarantor, looking to get out

granthar

Just before we divorced I agreed to sign a deed of guarantee for a rental agreement for her. She had told me that it was only for 12 months.
Four years later I am still on the hook for this.

Some facts

1. I was never shown a copy of the letting agreement when signing the deed, the Letting Agent has only just sent a copy to me
2. There have been rent increases which they hadn't made me aware of.
3. I was never sent a copy of the signed deed until this week.

Given that I was never shown a copy of the letting agreement is this grounds to get the deed nullified? If so what would be the process for doing this?

Thanks

TripleH

How did you agree to become a guarantor?

What documents did you sign / view?

granthar

I agreed to become her guarantor after pressure to settle divorce with as little fuss as possible,
The only document I viewed and signed was a one page deed.

theartfullodger

Was the deed witnessed & countersigned? Did you get a copy?

Is this England or some other country?

Have there been any new tenancies or increases in rent  since "she" started renting?

I suspect this is unenforceable in law and in your shoes I'd simply ignore it, prepared to challenge any demand for ££ in court if necessary. I would not enter into any communications with landlord/agent.  



See this discussion
https://forums.landlordzone.co.uk/forum/residential-letting-questions/73441-tenancy-guarantees

Best regards

canaldumidi

You cannot "get the deed nullified". However, should the landlord/agent try to enforce the Deed against you through the courts you could challenge its validity.

It sounds as if you have several potential reasons to challenge, so the judge might well rule it invalid and dismiss any claim being made against you. However, no one can 100% guarantee how a judge will rule in any given case!

What prompted the LL to suddenly send you a copy? Is your ex in arrears and is the LL trying to claim those arrears from you?

Sandtree

granthar said:

1. I was never shown a copy of the letting agreement when signing the deed, the Letting Agent has only just sent a copy to me
2. There have been rent increases which they hadn't made me aware of.
3. I was never sent a copy of the signed deed until this week.

1) Why didn't you ask?
2) Does your deed state they will tell you?
3) Why didn't you ask for it sooner if you wanted it?

Sounds like you are looking for loopholes in which the main one is to ensure it was properly executed as a deed which means there needs to have been witness signatures to both parties signing. 

Other than that, you agreed to be guarantor in exchange for an easy divorce... you presumably got the divorce so you have your end of the bargain to keep up.

granthar

The letting agency sent them to me after I had asked for them. 

Because of personal circumstances, thinking to ask for the documents sooner had just slipped my mind, I had a lot on my plate at the time. 

 The deed says “it is essential that a copy of the rental agreement is attached and the guarantor is given adequate opportunity to read both documents before signing. There is nothing on the deed about rent increases

canaldumidi

granthar said:

 The deed says “it is essential that a copy of the rental agreement is attached and the guarantor is given adequate opportunity to read both documents before signing. There is nothing on the deed about rent increases

You should have been given a copy of the TA before Executing the Deed, irrespective of whether the deed says that.

What does it say you are guaranteeing? I'm sure it says something about rent....!

But as I said earlier, it's pointless getting into an arguement with the LL/agent about either 'nullifying' it or whether the Deed is valid or not.

The time to question it is if/when a claim is made against you.

Slithery

granthar said:

The deed says “it is essential that a copy of the rental agreement is attached and the guarantor is given adequate opportunity to read both documents before signing.

So possibly unenforceable then.

granthar said:

There is nothing on the deed about rent increases

There doesn't need to be.

dimbo61

So where did you sign the deed of Guarantor form ?
Lettings Agents office by any chance ?
As you have a copy of the deed who signed it as your witness !
Do they know you ?
Did you provide any proof of ID ? at the time

granthar

An update, due to irregularities the letting agent has agreed to release me from the deed at the end of the current term in June.