Adding a second guarantor to existing tenancy agreement?

Adding a second guarantor to existing tenancy agreement?

14:10 PM, 16th January 2023, About A year ago 3

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Hello, There are two parts to this question: 1). I’d like to add a second guarantor to an existing tenancy agreement BUT – the tenant is the son of the guarantor, and the tenant lacks mental capacity, so the guarantor has also signed on behalf of their son in their capacity as a Deputy of the Court of Protection (CoP).

His parents are divorced (VERY acrimoniously), and at the time of signing as guarantor the parent was the only parent that had Deputyship from the CoP.

The other parent has since acquired Deputyship and wants to be added as a guarantor.

As landlord, am I able to reissue the guarantors signature page to add the second parent without consent from the first parent?

2). The first parent is looking to remove their son and set him up in a new home on their own (with 24 hour care), but the second parent wants him to stay put as the tenant is very settled there and gets on very well with the other two tenants (it’s an HMO), and his carers.

Hence the second parent wants to block any attempt by their ex to terminate the tenancy.

Is there anyway I can reissue the signature page of the TA so that termination by the tenant is only possible if both guarantors/Deputies agree, but not if only one of them submits a notice to terminate?

I’m fully aware of the provisions of the Mental Capacity Act, and the need for “best interests” decisions, but the tenant is extremely susceptible to agree if someone says to him “you want to move into your own home, don’t you?”, he will get excited and agree, and if then asked if he wants to stay with his co-tenants and carers, he will just as quickly agree to that!

What are my legal options here to give the best chance of protecting the tenant?

Thank you,


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Ian Narbeth

14:45 PM, 16th January 2023, About A year ago

Steve, DO NOT s "reissue the guarantors signature page". Unless you know what you are doing you may invalidate the first guarantee.

You need a separate deed of guarantee whereby the second guarantor gives a separate guarantee. This does not need to involve the first guarantor.

Steve Knell

20:37 PM, 20th January 2023, About A year ago

Thanks so much Ian. Any advice on the second part of the question? Ideally, I’d like to change the TA so that I only have to accept the termination if both guarantors/Deputies terminate, but can refuse it if just one terminates.

Ian Narbeth

15:53 PM, 23rd January 2023, About A year ago

Deputies of the Court of Protection is not my area. I expect that the court order will set out what can and cannot be done and how decisions are to be made. I think your best option is to take the second guarantee and then keep well out of the family situation. Leave it to the parents to sort out what is best for their son.

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