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I assume the guarantee is for your granddaughter's rent arrears. Please can you tell the me the nature of the tenancy agreement (assured shorthold tenancy?) and whether she is still in the term of the tenancy agreement or whether it has over-run.
Right. Unless you signed the guarantee under duress or the guarantee itself is unenforcebale because it is improperly executed (I assume it was signed/witnessed) then you will be bound by the guarantee.
The reason I asked about the length of the term is in case she contiunes to occupy the property once the fixed term has finished, if she does then you should check the guarantee to see if it lncludes any such rolling-over (it may not).
Were you to stop paying monies owed under the guarantee then the landlord would doubtless just sue you for the money and be successful.That's the point of a guarantee I'm afraid.
You will be bound until you are released by virtue of your granddaughter vacating the property with no monies being owed. If you daughter is not willing to terminate by using the break clause, then you could approach the landlord directly to see if he is willing to initiate the break clause so that you are released. If he says he won't because he can't be bothered to find another tenant for him then you may have to find a replacement tenant for him Landlord's frequestly use www.gumtree.com to find tenants and I can see no reason why you can't.
One further way of exerting pressure (though it is a longshot) is by checking to see if her deposit has been placed in a tenancy deposit scheme. If she is occupying on an assured shorthold tenancy then the landlord must put the deposit monies in to a tenancy deposit scheme within 14 days of receipt. All deposit under ASTs have to be placed in such a scheme and she can sue the landlord for the reutrn of the deposit and a fine of three times the amout of the deposit if it has not been placed in a TDS. Ask for details of the scheme in to which the deposit has been placed.If it hasn't then you can either use it as leverage to get out of the gurantee. It must be frustrating, you have my sympathies.
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