guarantor signature witness

[Irina]

Hello.

First time in our life we know they have to sign Tenancy Agreememt in th presence of the witness. Does it have to be a solicitor or anyone? In the latter case, how do we know if they didn't fake witnesses signture themselves? Do we need to have any further information about the witness (we want to make sure that witness is acceptable by courts, as well everything else).

Is it only checks and documents (incl. Title of Deeds copy) and signing Tenancy Agreement or did I miss something? We'll snail mail them a Guarantor Application from Tenant Verify (advertised on LandLordZone).

Thank you for your time.

[Carryon Regardless]

Are you confused?

The AST is signed by both parties and often at the same time.

I request sight of passport/s or similar ID and take relevant serial number/s. The NI no would already be in my possession from the application.

A G'tor deed needs to be witnessed, this can be Mr F Bloggs dragged off the street, just not related to either of the AST parties.

Similar ID required for the G'tor. As Mr F Bloggs may well be unavailable for a future Court appearance there's not much point in running checks on them but the Deed will require name and address and signature and should be enough.

With ID of T checked, and signatures on the AST when the T uses the keys acceptance of responsibility is demonstrated in my view. Besides you will have also taken their dosh and there's only one reason for that from a T, usually.

Checking a G'tor for financial ability is intelligent, this should confirm their address as a home owner. Their information and witnessed signature would make it unreasonable for them to deny responsibility. Getting any dosh later is another matter.

BTW I have facility for the G'tor to sign (below their name and address) onto the AST. This demonstrates they have had sight and have been given opportunity to understand the AST agreement they are guaranteeing.

All parties get a copy.

[Irina]

Thank yo for such a helpful reply. Just nitpicking, does the witness need to give their telephone nr? Do all parties need to get a copy of Tenancy Agreement or is it your choice? Taa.

[Melboy]

If you sign a document as a witness then you have to print your name and provide an address.

[Carryon Regardless]

Phone numbers are so changeable, mind so are addresses for some. I can see why you query, we need a witness but there seems little chance of them being available if desired so where's the point ? I guess it takes those much more intelligent than me to understand why we should go to the extra trouble.

It's my choice to provide copies of documents to those that have signed them. It's then their choice what to do with them, if they need another I charge.

[Grampa]

If you sign a document as a witness then you have to print your name and provide an address.

I am not so sure about this.

The reason being the very clever legal people we use for our guarantor docs dont require an address of the witness.

Though the template of commercial leases I use does require a printed name and address.

It would be interesting to know LAW's view on this point.

There is also the question of a non-solicitor drawing up a deed and charging for it.

[Irina]

COR, thank you so much again. I wish I always receiced such comprehensive and well-structured consultations from solicitors.