Guarantor Question

[boona]

My mum agreed to be guarantor for my sister. I now have a copy of the tennancy agreement which is correct but the guarantor part which she signed has a different tennants name on. We have never heard of this person and the letting company have obviously made a typo error on the contract which my mum signed!! Does this mean it is invalid?

[Jackdaw33]

No

[boona]

Shame

[Jackdaw33]

Something's up and someone is on the fiddle. I will say no more, except that if your mum has signed the contract to indemnify the debtor she is bound by it.

[boona]

The lettings company are rubbish, they have put down the wrong address for my mum and stated a completely different tennants name!! The debt has been ongoing for years, mum wondered why she was not informed and now we know why... it is because they have a completely different address for her!

[Jackdaw33]

Best seek specialist legal advice, although there may be a cost involved.

[boona]

Apparently it is still valid,

[Peter Pedant]

then why are you asking us ?

let us say your sister is Ms SMith and the name on the guarantee is Jones

Has your sister guaranteed Mrs Jones ( 'the wrong name') 's tenancy ?
that is , is THAT valid ? I think it is clear the answer is no

Did your sister intend to guarantee the tenancy of your sister Ms Smith.
I mean she is gonna say 'yes' isnt she ?
in which case game over - bar the embarassing questions like what is your signature doing on this document in that case ? and so on

has she guaranteed ( lucky girl ) TWO tenancies ? - I think the answer you can see is 'one only'

google mistake UK contract law

[boona]

I agree and once again looks like the sister is wrong telling my mum they have the wrong name so guarantor not valid and telling her not to worry because therefore my mum won't have to pay the debt! Pulling the wool over her eyes!

[Peter Pedant]

well spotted answer no 3 !

[fadeout73]

Did your mum not read what she was signing? Signing as a Guarantor, you check every detail before you sign.

[boona]

No, she is elderly and didn't really know what she was doing