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Question

England | Start of a Tenancy (England) | Tenancy Agreements (England)

Tenancy builder – guarantors witness

28 Nov 2020 | 2 comments

My tenant requires a guarantor – how do we set up the tenancy builder to reflect using an electronic signing Co as your tenancy builder requires a “Witness”. Do we have to add the witness to the people signing

Answer

2 Comments

  1. guildy

    The witness is automatically included in the guarantee form and is associated with the guarantor and landlord parties.

    There’s no way of adding a witness prior to sending because it’s impossible to know at that stage who the witness might be.

    We totally understand there is a risk that the guarantor could witness it themselves and claim to have witnessed. However, to date we’ve never had a problem and our theory is that the only way for the guarantor to defend and argue the guarantee agreement invalid is to say “it’s invalid because I fraudulently lied about who witnessed”. As such, in our view the convenience outways the risk.

  2. heastlake

    So we are using your tenancy builder for the tenancy agreement and this we hope to use your electronic signing process. We assume the agreement goes to the guarantor then the tenant and then us. Our question is how is the witness signature and address etc entered? Is it done at the same time as the guarantor signs electronically or is a paper copy of the signed agreement necessary. And can the tenant (daughter of the guarantor) or his wife be the witness?

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