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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My son has been duped by his ex into signing as guarantor on

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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.
Hi,

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)?

Tom
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.


Thanks.

Expert:  Thomas replied 2 years ago.
Hi

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.

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Kind regards,


Tom
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.
Hi,

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

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6590
Experience: BA (Hons), PgDip, Practising Solicitor
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