Guarantor, looking to get out

canaldumidi

Not sure how that is done formally. Anyone know?

But I'd suggest a 'Deed of Surrender' signed and witessed by all parties, stating something like:

"The Grantee hereby surrenders and releases to the Grantor all rights, benefits and interests granted by the Deed of Guarantee dated the xth month 20xx between the Grantee and Grantor."

But a good result for you!

dimbo61

So the Deed of Guarantor form is not worth the paper it's written on.
If you have had an email response from the Letting agents I think your off the hook now 

Sandtree

Not in the property world but in the corporate world it would normally be done by a Deed of Amendment to add a new clause with a termination date... its another deed so make sure its executed correctly!

doodling

Hi,

Sandtree said:

Not in the property world but in the corporate world it would normally be done by a Deed of Amendment to add a new clause with a termination date... its another deed so make sure its executed correctly!

That would be a very dangerous thing to do in this case.  If the existing deed is invalid then doing the above would make it valid, albeit for a limited time.  If there are any existing arrears, or arrears arose during that time then the OP would be on the hook for them whereas at present they may not be.

Whilst the OP understandably wants things tidy, I suspect the best thing they could have done is pull together the evidence that the deed is invalid and then do nothing.  Only if the landlord subsequently started proceedings, relying on the guarantee would it be necessary to present that evidence.  Having the discussion now with the landlord simply gives them the opportunity to argue with you.

(For "landlord" above read "landlord or their agent").

RogerBareford

granthar said:

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

granthar said:

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.

It's good you got out of this without being on the line for paying any money. In the future remeber to also read documents before you sign them and get legal advice if your not sure of the potential ramifications.