Someone kindly agreed to act as a guarantor for your tenancy, signing a Deed of Guarantee. What happens if they legally change their name via Deed Poll during the tenancy? Does it affect their obligations?
The Deed of Guarantee, like the tenancy agreement itself, remains legally valid. The guarantor's obligation is tied to the person who signed, not just the name they used at the time. Their legal change of name doesn't automatically release them from their commitment to cover rent arrears or damages if the tenant defaults.
Importance of Updating Documentation: However, just like with the main tenancy agreement, it's crucial to formally document the guarantor's name change to avoid future confusion. If the landlord ever needed to pursue the guarantor, having documentation that clearly links their current legal name to the original Deed of Guarantee is essential.
The Process:
- Notification: The guarantor should ideally inform both the tenant and the landlord/agent of their legal name change, providing a copy of their Deed Poll. The tenant might also relay this information.
- Addendum to Deed of Guarantee: The best practice is to create a simple Addendum to the original Deed of Guarantee. This document should reference the original Deed, state the guarantor's former name, their new legal name (as per the Deed Poll), and the date of change. It should be signed by the guarantor (under their new name) and the landlord/agent.
- Record Keeping: Keep the Addendum securely stored with the original Deed of Guarantee and the main tenancy agreement.
Ensuring the guarantor's name change is formally documented maintains clarity and ensures the guarantee remains easily enforceable if needed, protecting the landlord's interests while acknowledging the guarantor's new legal identity.
