My husband stood as guarantor for my niece for her rent - query

[Fringer]

I apologise if this has been covered on another thread, I have tried to scroll through to see.

 

My husband stood as guarantor for my niece for her rent on the promise she would put £100 a week into a savings account we set up for her should she ever falter on the rent.

 

She hasn't been doing this and I am trying to find out if he can be released from the contract. Does anyone have any information on this please?

[Steve__M]

It depends on the precise details of what your husband signed, but it seems that it is unlikely to be dependent on what your husband and neice separately agreed.

 

Most guarantor forms I have seen do not offer the guarantor any get-out.

 

On the other hand, some guarantor forms I have seen are erroneous in some way. For example, I understand a guarantor agreement should be executed as a deed which means it should say that it is a "deed" and the signatures should be witnessed.

[mariner51]

Is the LL another family member?

Husband is bound by terms of G contract, why should LL be doubly penalised by a G who tries to avoid his legal liabilities. I would certainly pursue such G to full extent.

A silly requirement to require neice to pay £100 / wk into savings account if she can't even afford to pay the rent! I assume niece did not sign such an Agreement with your husband, nor did LL.

[raydetinu]

I would assume at this stage NO; it may never come to it being enforced.

probably best to help with the rent if she is short a bit! ( £100/week is a LOT ).

[Fringer]

Landlord isn't a family member.

Niece can afford to pay the rent, her boyfriend pays it for her, he's on excellent money but didn't have anything on paper hence the need for a guarantor

 

She's trying to get the landlord to accept a few months rent in advance to let us out the contract

[mariner51]

If T is in sole name of niece, boyfriend not a joint T, why would LL cease to require a G?

B/f could walk away at any time, or niece could kick him out.

I now see your thinking about her saving £100/wk for such eventuality, but most people spend, not save for the furure.

Is T still in fixed term, when does FT expire, how long has niece been a T?

[Fringer]

This only started beginning of July for a year

[ericsbrother]

it ppear to me that the standing as guarantor and the payment to niece are 2 entirely different things. If she is paying the rent then the guarantor will not be called upon to pay anything . As for giving niece £100pw, you can stop doing that if she is getting rent paid by b/f, it is taking the biscuit to expect money for nothing and will not be part of the tenancy agreement anyway.

[Fringer]

I'm not paying her anything, she asked me to be her guarantor and in return she would put £100 a week into an account of mine just in case she falls behind with the rent, sort of a back up for reassurance for me.

My question is can i get out of the guarantor anyway? She hasn't kept up the payments to me so god forbid she doesn't pay the rent or her n the boyfriends split and he stops paying, it's me they'll come after so I need to know if I can get out now.

[mariner51]

IMO No. Not until end of fixed term, or LL accepts Ts early surrender on his terms.

If you did not want to risk being a G, why sign up?

Dau may act resp and not get into difficulties. If she does, will she confide in you? Better to hear it from her rather than SCC papers. A sensible LL would keep G apprised of any rent owing >1 month.

Nothing to stop you saving £100/wk for x months in lieu of dau's birthday/xmas/other gifts.

[Fringer]

It's my niece not my daughter. I stood guarantor on the provision she would save £100 a week with me as reassurance, it is not for me to put that money away every week to pay her rent.

She hasn't kept her side of the bargain is my point.

[raydetinu]

in that case it has nothing to do with the LL and you have to sort out with niece.

[Fringer]

That I understand but my question was is there anyway I can get out of the contract?

It doesn't state anywhere on the paperwork how long the tenancy is for. Surely that should be included?

[mariner51]

Depends on the wording of whatever Guarantor Agreement you signed. I would say you are committed until the end of fixed term for current AST.

[raydetinu]

and maybe beyond if it goes periodic?

The guarantor form ( it may help if you could post it up ) must include the same terms as the original AST, rent etc., dates, length of contract, names of parties, and usually has to be notarised, signatures verified. ( under seal ) as you have no benefit from the contract. Although some judges do not insist on this for it to be valid.

[Fringer]

I stupidly agreed to stand as guarantor for a friends daughter to enable her to rent a house.

 

I received an email from the letting agent on 15th July asking me to sign the agreement they attached for the tenancy which started on 4th July.

In this agreement it stated that ID was to be taken personally into the agents office or witnessed ID was to be sent in, neither of these was requested.

I did not receive a copy of the tenancy agreement and had to email the agent to ask how long the tenancy was for.

 

I have since written to the head office of this company stating these facts and that as there are discrepancies with the agreement I am releasing myself from any such agreement.

I sent 2 letters recorded delivery in October and Nov and have heard nothing.

 

Saturday I received a letter from head office of this company stating that the tenant us in arrears with their rent and they will come after me for the money.

Do I have a leg to stand on?

[Conniff]

I don't understand this line ??

 

In this agreement it stated that ID was to be taken personally into the agents office or witnessed ID was to be sent in, neither of these was requested.

 

Are you saying it was requested but you didn't take anything in to prove who you are ?

 

Have you been on Royal Mail website to check if those letters have been signed for ?

[Fringer]

They never requested any ID at all even though it states this should happen in the contract.

The letter was signed for yes.

I have just spoken t the office I sent these letters to(this is also where the letter I have received has come from) and have been told they do not deal with anything like that there, I need to speak to the branch.

I am now trying to ring the branch but can't get any answer.

[BankFodder]

If you are saying that you didn't sign anything – then well and good. There is nothing binding you.

 

If on the other hand you are saying that you did sign an agreement – but certain technicalities surrounding the agreement and the establishment of your identity were not carried out, then I'm afraid that you probably are bound by the agreement because they are just technicalities.

 

In that case the only other thing you could say is that what you signed was not what was represented to you and that you sought that you were signing something fundamentally different. This would be a very difficult position for you to argue.

[Fringer]

The agreement was signed yes.

 

So even if it was signed after the tenant had moved in, copies of their agreement which was supposed to be presented to me weren't, there was no length of term in the agreement I am still legally bound?

[ssparks2003]

Yes you are bound by the agreement, the act of you signing and returning the documents shows that you intended to honour and be bound by the agreement. the failure to provide photo id is not a material breech so does not provide an exit from the agreement.

[Fringer]

This is what their letter states

 

[ATTACH=CONFIG]54881[/ATTACH]

[Fringer]

This is what their letter states

 

[ATTACH=CONFIG]54881[/ATTACH]

 

Am I not right in saying that this tenancy should never have gone ahead anyway?!

[ssparks2003]

I shall repeat myself once only as you have failed to heed what you are being told.

 

YOUR failure to provide photo id is NOT a MATERIAL BREECH, so the agreement stands.

[steampowered]

Providing ID is for them to comply with money laundering legislation, you can't use it I'm afraid.

 

 

All you can really do is ask them to send you a copy of the agreement.