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Is guarantor still liable?

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261 views 1 replies latest reply: 11 March 2016
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Tenant

Hello,

I live with my partner and 1 year old child. We rent privately and due to my partner being unemployed since just before Christmas, we have accumulated some arrears. We’re now in receipt of housing benefit which covers 2 thirds of the rent. Because of such a small income I’m struggling to pay the arrears and my landlord is talking about contacting the guarantor. 

The problem is here. Our guarantor is under the impression he was only liable for the 6 month fixed term it was taken over (we are rolling monthly since that term ended, and I’ve since found out he is still liable).

HOWEVER, when we signed the tenancy our guarantor came with us but he wasn’t asked to sign anything. When I’ve called the estate agent to ask for a copy of the deed of guarantee to check out these terms they said that they only have a blank copy and don’t have a signed copy from our guarantor. He said that the landlord and the gaurantor would’ve been given a signed copy. My guarantor and I don’t have one, and I’ve asked my landlord is she has a copy but she hasn’t replied to me.

so I need to find out if the gaurantor is liable and what will happen if it turns out it wasn’t signed as I suspect?

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Administrator

Hi Hayley

I’m not a lawyer but without an executed guarantee doc (i.e. signed by all parties and dated) there is no guarantee. To activate the guarantee your landlord would need to be able to produce it in a court and if your guarantor is sure that they didn’t sign anything there’s no way it can exist.

Alex

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