How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7038
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My son has been duped by his ex into signing as guarantor on

Resolved Question:

My son has been duped by his ex into signing as guarantor on a tenancy agreement, having lead him into believing they were getting back together. She then moved in another man who would not have passed any cr checks as he s a criminal. My son was only given ten minutes to look over what he was signing, as the letting agents was closing, so no time to seek advice into the responsibilities of what he was signing. Also the date on the contract was the following days date when he received the copy through the post a couple of days later. Is there any way he can get out of being guarantor. Thanks.
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Was he of sound mind before he signed the tenancy agreement as guarantor, did he understand the implications of his decisions (alebit that he did not have mucuh time to read it)?

Customer: replied 2 years ago.

Hi, I dont think in all honesty he did understand, until after he d done it. Also he was under a fair amount of pressure from her, saying she was being thrown out of home. She had nowhere to live, had taken an overdose in the past, and said he d never see her again as she d have to move down south, etc.

Also the paperwork is dated the following day and the time given being lunch time, which is false. Is this allowed on a legal document ? He would have been at work at that time.


Expert:  Thomas replied 2 years ago.

Thanks for your patience.

My question was more related to whether he had “mental capacity”, rather than whether he understood the entire terms/conditions of the guarantee. He had mental capacity if he was read and comprehend the agreement. If he did not read them then I’m afraid that was his choice.

I appreciate that he felt he was under pressure but the reality is that unless he was under threat of physical harm or some other form of duress then I cannot see how he would be able to get out of the guarantee. He could always have refused to sign it until he had been given time to read it completely or to seek advice on it. He always had the ability and freedom to do this.

I assume that he signed the tenancy document and agreed to guarantee the tenancy but then the tenancy was actually dated the following day. If this is the case I would expect the tenancy and guarantee to be binding upon him. He may have been able to withdraw his guarantee after he signed it but before the tenancy was formally completed the following day but if he did not do this then he cannot now get out of the guarantee.

I am very sorry.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 2 years ago.

It's the gaurantee that has the following days date and a different time on it to when he was there. That wasnt the day he signed. The tenancy started 2 days after he signed the guarantee.

Expert:  Thomas replied 2 years ago.

In actual fact a person does not need to physically sign a guarantee for it to be binding. It can technically be binding. If it was the case that he intended to be bound by the guarantee at the time he signed it and still intended to be bound when it was dated then I woudl expect a court to hold it as binding.

He could attempt to defend an action for the monies on this basis, but I would not be too confident of this defence being successful.

Sorry, again.

Please remember to rate my answer.

Kind regards

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7038
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones


    Satisfied Customers:

    Specialist in UK Legal Matters
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones


    Satisfied Customers:

    Specialist in UK Legal Matters
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers: