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Guarantor not being witnessed

5 replies

legaladvice123 · 24/05/2024 12:35

If someone is a guarantor for a rental property, but the signature was never counter signed or witnessed, does it legally stand still?

Its part of a larger picture for my other thread but couldnt find clear information on this

OP posts:
prh47bridge · 24/05/2024 12:50

If the guarantee was set out in the tenancy agreement and was signed by both the tenant and the guarantor, the guarantor's signature does not need to be witnessed.

If the guarantee was in a separate document that was signed before the tenancy agreement was signed, the guarantor's signature does not need to be witnessed.

However, if the guarantee was in a separate document that was signed after the tenancy agreement was signed, the guarantor's signature should be witnessed. If it wasn't, the guarantee is likely to be unenforceable.

legaladvice123 · 24/05/2024 13:05

So it looks like the guarantor was signed on a separate piece of paper, independent of the tenancy agreement (which I dont believe the guarantor ever saw) but the tenancy agreement was signed after.

We are having a whole battle and I dont think this will be relevant anyway as the guy has acted so poorly but it would have just been good to have that extra info, but sounds like it didnt need to be witnessed.

OP posts:
prh47bridge · 24/05/2024 13:11

As it was signed before the tenancy agreement it didn't need to be witnessed, so it is likely to be enforceable.

Comefromaway · 24/05/2024 13:12

I have been a guarantor for both of my children, both for a student halls of residence and for a private rental and in all three cases my signature did not have to be witnessed. I was sent a link to sign saying that I would guarantee the rent, however a copy of the tenancy agreement was forwarded to me.

legaladvice123 · 24/05/2024 13:54

Thank you for the help, I think it may end up being irrelevant but wanted to confirm. Appreciate the advice

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