We have a guarantor for a tenancy who is a 2.5 hour drive away.
Normally we would have the guarantor and tenants sign the AST and Inventory etc all together on hand over day at the property. This same day would be used to verify all the original copies of ID documents are current and correct.
The guarantor is not able to make the handover day appointment.
What would be the best way for us to verify their ID and get them to sign the AST and Inventory?
Any ideas or suggestions welcome.
TIA.
Hi Tim,
If you have already had the guarantors referenced, then there should be no need to check their ID. You don’t need to perform right to rent checks on guarantors, so no physical inspection of documents is needed. The referencing would have required them to submit evidence of their ID and income to the referencing company. They can also sign the inventory digitally, or simply be emailed a copy of the inventory and then say that they agree that it is accurate.
So it might not really be necessary for them to be there in person at your check in?
Sam
Thanks for your reply Sam. Noted your comments about the referencing. We still do like to physically check that each person named on a tenancy agreement is who they say they are.
What methods and ways do you think they could digitally sign the agreement that would be accepted by a UK court in the event of a problem?
Digital signatures have been legal since the Electronic Communications Act in 2000. There are many free e-signature software products. If you got the inventory as a pdf, then it could be signed with Adobe. There are online tools you can use as well.
Sam
Hi Sam, I have yesterday found a company called Signable that can deal with our needs.
I have signed up and run a test AST and Inventory. Their system works well and I will consider using it further as we go forward.
They have a pay as you go option which I believe prevents monthly subscriptions and would suit low volume users like myself.
Fab, sounds good!
Just so you and other readers know, OpenRent collect all signatures digitally as part of the Rent Now tenancy creation service.
Sam
I use Signable too. It’s worked very well for me. The only problem I’ve encountered is that ideally the guarantor should sign the guarantee as a deed and thus their signature needs to be witnessed. I’ve yet to get my head round a simple reliable way to do that although both Signable and the Guild of Residential Landlords say it is.
Suggestions anyone?
Hi Tony,
My understanding here is that unless the tenancy is for a 3 year or more period it is not actually a deed and is what it says it is, an agreement. Care should be taken though here and the actual AST should be checked to make sure no mention of DEED is made.
Thanks @Tim3. I meant the guarantee should be signed and witnessed as a deed to ensure (or at least improve) its enforceability. I agree that the AST is an agreement and doesn’t need to be witnessed.
Would appreciate feedback on this if anyone has experience of obtaining e-signatures for witnesses.
@Sam what are OR’s thoughts on this please?
Hi Tony perhaps I wasn’t quite clear enough and I see why.
I have this clause in my AST. I do not have a separate Guarantor agreement. The Guarantor signing the AST in the same way the tenant would do.
8. Guarantor
8.1 In consideration for the Landlord granting the Tenant a tenancy of the Property, the Guarantor agrees to pay the Landlord and the Landlord’s Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay Rents or other monies lawfully due.
8.2 The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this agreement for the full Term and until vacant possession is given to the Landlord.
8.3 The Guarantor agrees to make payments lawfully due under clause 8.1 or 8.2 even after the Tenant has returned possession of the Property to the Landlord.
Hi Tony, none of our services require deeds, so this isn’t something we have a solution for at the moment. My understanding is that deeds do indeed need to be witnessed. There may be more useful info here.
Sam
Hi Tim, I just found this thread searching the forum. My new tenant failed referencing due to minor, explained problems and gut feeling is they are OK, and they have offered a guarantor. I was searching to find out how to include guarantor in the AST. Do I just add your 8. Guarantor clause into the agreement and add the Guarantor as a signatory along with the tenants.
Thanks
Hi Gill,
Giving legal advice is not my remit and it would be irresponsible of me to pretend otherwise.
I would be happy to forward you a draft copy of the complete AST I use if you would find that helpful?
I strongly recommend that you use a qualified professional to compile your tenancy agreement and you could use my example clause 8 as a point of reference when discussing that with them.
Best wishes.
Thank you, Tim, I will probably use the same Openrent AST used previously, but add in the guarantor clause, but it would be good to see your draft copy. Can I send you a private message with my email address or do you add it on here?
Thanks
Gill
Hello, am only a new landlord, this is the second time looking for a tenant . I have a potential tenant who has been working for 3 years his life on fix term contract, which will end soon, but he isconfeident to get a new job. He said his father will be his guarantor, I was wondering if this sounds alright and what do I need to do to reference a guarantor and what documents to I need to see? Does he need to sign a contract as well? Do I need to do the same reference as I do for the tenants?
Thank you all for your help
Sung