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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6398
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a first time landlord and a member of the NLA.

Resolved Question:

I am a first time landlord and a member of the NLA. On theNLA website I created a 12 month fixed AST, they sent me the wording for a 6 month break clause and I ticked the guarantor option so their is a space for the guarantor to sign on the AST. The NLA also sent me a "letter of guarantee" template of to send to the guarantor. The tenant advised that his father who is the guarantor will not be able to travel to me to sign the letter of guarantee and AST. I also read on the internet that the guarantor has to be given good notice to sign the guarantee, is this correct and how much notice should be given to the guarantor? Is it best for the guarantor to be physically present and for me to see them when completing the above?. Also I would like the AST double checked by you to confirm I have done everything correct as the NLA do not do this. I am also unable to upload files on your website. I clicked the paper clip icon and nothing happens. Thank you in advance.

Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
qHi

Thanks for your patience.

The NLA will certainly have an AST that is sound for your purposes, but if you want to see if you can attach it then I can have a quick look through if you like.

In respect of the guarantor, it is a good idea to send it to them in good time before you complete simply so that they are not able to claim they were put under any form of duress. You should state in your letter enclosing the guarantee that it’s an importnant legal document which affects their legal position and, as such, they may consider seeking independent legal advice on it.

It is not strictly necessary for the guarantor to be present when signing, or to have their signature witnessed. However, it’s best in terms of enforceability if they cannot be present for them to go to a solicitor to execute it in front of them and have them check their ID and witness it.

If you do the above then you will have them on the hook.


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.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


Please can you call me on XXXXXXXXXXX


 


Thank you.


 


Kind regards.


Catherine.

Expert:  Thomas replied 1 year ago.
Catherine,

We are not allowed direct contact with customers I'm afraid. The site is for general advice, not specific advice.

We can only correspond via this medium.

Tom
Customer: replied 1 year ago.

Tom,


Apologies, I was not aware of this.


 


I would like to send you the AST and guarantor forms to check but cannot send them via this website. How can I send these to you?


 


When I send the guarantor the guarantor letter, do I need to send a copy of the AST as well?


 


Does the guarantor need to sign the AST prior to the tenants also?


 


Sorry about this, as a first time landlord I want to ensure that I am following the correct procedure and make things water tight.


 


Kind regards.


Catherine.


 


 

Expert:  Thomas replied 1 year ago.
Catherine,

What I am saying is that we cannot contact eachother via telephone or letter or by any other means that the website cannot monitor. It's the conditions of the site.

If you can attach a copy of the ast in reply to this thread (and I believe that you can) I will have a look at it.

These documents, particulaly those supplied by the NLA are in standard-form though and it will doubtless be fine for your purposes.

Please remember to rate my answer. I will continue to answer your follow up questions.

Kind regards,

TOm
Customer: replied 1 year ago.

Hi Tom,


I have completed the AST and it has all of my contact details.


Is this information just be viewable by you, as I do not wish to have other members of this site viewing my thread?


Many thanks.


Catherine.

Customer: replied 1 year ago.

Hi Tom,


Also when I send the guarantor the guarantor letter, do I need to send a copy of the AST as well?


 


Does the guarantor need to sign the AST prior to the tenants also?


 


Thanks.


Catherine.

Expert:  Thomas replied 1 year ago.
Hi,

It will be viewable by other persons. I would place post-its over your personal details before scanning.

Yes, you should send a copy of the AST with the letter and refer to this being the agreement that the guarantor is guaranteeing.

You should ask the guarantor to also sign the AST.

Please rate my answer. I will continue to answer your follow up questions.

Kind regards


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6398
Experience: BA (Hons), PgDip, Practising Solicitor
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