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Am I a gaurantor even if I have never signed anything>

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Norm1611 | 12:27 Mon 14th Mar 2011 | Law
6 Answers
Hello,
Hoping someone can help me, I have found out that my brother signed me has his guarantor on his flat; he has since been made redundant and is in rent arrears. I have been paying it at £100.00 as it’s the right thing to do. I haven’t set up a direct debit just been doing a bank transfer monthly but forgot to do it last month now this landlord is turning up at work and hounding the reception and security teams.
The thing is I have never signed to say I would be a guarantor so do I actually have to pay them?
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If you have not contracted with the landlord 'yourself' then you have no contract with him......and he has no rights to be turning up at your place of work looking for his money.
I work for a property management company and as jackthehat says, if you didnt sign the guarantor part on the tenancy agreement you are not responsible. Can your brother claim housing benefit? They should backdate it to around 3 months.
so if you have never signed then your brother forged you siganture? if so you are the victim of fraud, personally I'd ask the landlord to provide his evidence of you being a guarentor, then scrutinise the signature and stop paying.
It's not just a signature either, usually. I agreed to be a guarantor for my sister recently and had to provide my bank details, work information (including payroll number) and references from manager.
If your brother has forged your signature then he has committed fraud. If you stop paying then the landlord could take legal action, your brother's crime will be discovered and he will be charged.

Personally I would stop paying and let your brother face the music. If the landlord continues to hound you then make a complaint to the police.
No - to be a guarantor, even if you have been named, you have to sign (and you would have a copy of the agreement). Ask the landlord for proof. If there is a signature and it's not yours, this becomes a whole different kettle of fish.

Not sure why you think it's the right thing to do, to pay your brother's debt, if you have not undertaken to do so - this could be just the tip of the iceberg, will you ever get it back, can you actually afford it? I know this is digressing from your original question but you have to consider these things - if I were you I would stop paying, then the whole sorry story will come to light.
Please don't set up a direct debit otherwise you are accepting that what might be a fraudulent legal document is acceptable to you.

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