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Does my guarantor have to sign at the same time as me?
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Could they not just as easily say that they had never been in the office and never signed the form?
If they've proved their identity and income and signed a contract then is it just a case of the letting agent being sure of who they are? I.e that their face matches their ID? In which case a Skype conversation would do?0 -
richmoore4071 wrote: »Could they not just as easily say that they had never been in the office and never signed the form?
If they've proved their identity and income and signed a contract then is it just a case of the letting agent being sure of who they are? I.e that their face matches their ID? In which case a Skype conversation would do?
Do you believe a person signing a document in front of you is no more valid than a Skype conversation?Well life is harsh, hug me don't reject me.0 -
Your original Q was:richmoore4071 wrote: »Could they not just as easily say that they had never been in the office and never signed the form?
No because the LL/agent will have checked that the person signing genuinely is the named guarantor, and will have compared the signature they use. So can present the court with a genuine signature on the Executed Deed.
If they've proved their identity and income and signed a contract then is it just a case of the letting agent being sure of who they are? I.e that their face matches their ID? In which case a Skype conversation would do?
and the answer is 'No.'Is this entirely necessary (by law)
So ask to use Skype.
Come back and tell us what they say...... :whistle:0 -
Many students living in private houses are required to have guarantors. i have never heard of any letting agent insisting that the guarantor (usually a parent) turns up at the university town to attend the letting agent.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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Your original Q was: and the answer is 'No.'
So ask to use Skype.
Come back and tell us what they say...... :whistle:
Ah brilliant! i definitely will ask them.
So is that to say that there's no legal requirement for the guarantor, tenant and agent to all sign at the same time? It's just a case of judgement and discretion in each case?0 -
And who will be the witness, then?
Having the agent, proespective tenant, and guarantor in the agent's office on the move in day (ie. with the prospective tenant all packed ip and basically on the street) opens the door to a nice challenge for undue influence... So good on the guarantor
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richmoore4071 wrote: »Could they not just as easily say that they had never been in the office and never signed the form?
Take a picture. Increasingly common in a wider context to prove who was present at an event.0 -
If they're doing it over Skype perhaps suggest to the agent that they record it? They can then have a recording of the guarantor stating they are signing the document, a recording of the signing itself as well as the physical article. Surely sufficient to convince a judge in the case of the claim?0
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richmoore4071 wrote: »So is that to say that there's no legal requirement for the guarantor, tenant and agent to all sign at the same time? It's just a case of judgement and discretion in each case?
Correct.
In fact there is no requirement for the tenant to sign the Guarantee Deed at all. It is entirely a matter between the LL and guarantor (though of course what the guarantor is guaranteeing is the tenant's liabiliies).
To be enforcible:
* it must be Executed as a Deed
* signed by the guarantor in the presence of an impartial witness
* signed by the witness
* the guarantor must be fully aware what is being guaranteed - thus he must have been given a copy of the tenancy agreement he is guaranteeing0 -
The guarantee does not really need to be signed by the landlord and his witness.0
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