UK Landlord Forum / Life

Is a "Tenancy Guarantor Covenant"  which has been signed only by the guarantor and not witnessed, valid if I take him to court?

Always be wary of advice from a blog (especially my own)
Do your own research...

The witness (signature) is one the requirements for a valid deed.....
if a deed is not witnessed but everything else is in place, courts have held that the document would still have legal effect but not as a deed.  The problem you have in this case there is no consideration i.e. The guarantor and you have not exchanged anything of value so a contract has not been formed. (Note I have assumed this is a straight forward guarantor agreement)

So it would seem you lose the protection of the deed by not having the witness and then you lose the protection of a contract by virtue of no consideration.

It may still be worth a go....a judge might consider that both parties had intended to be bound by the Deed but your case is weakened significantly....

Best of luck