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I agreed to be a guarantor on a tenancy on 27th July 2009 for

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I agreed to be a guarantor on a tenancy on 27th July 2009 for a couple of friends, they subsequently split, with one remaining in the property with a new partner whose name was added to the tenancy. The original period of the tenancy was 6 months, from 03 Aug 09 to 02 February 2010. The tenancy has been ammended with the new partner and been extended to February 2011 without my knowledge, the first I heard about it was when the landlord wrote to me saying they were in arrears and I was liable. Is the landlord able to hold me responsible when they have ammended the tenancy agreement and extended it without advising me?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

What does the guarantee actually say about your period of liability for the tenancy - ie. does it include words such as "....including any holding-over or extension.." for example.

 

Tom

Customer: replied 4 years ago.
"The Guarantee shall continue throughout the period that the premises is occupied by the Tenant or any licensee and is not limited to the term specified in the Agreement"

and

"if the tenant defaults during the initial term or any extension, renewal or continuation of the agreement "

It does not mention having to advise me of the extension or the amendment to the agreement
Expert:  Thomas replied 4 years ago.

Hi,


Thanks for your reply.

 

Obivously the wording of the guarantee is not great news for your - there's very little wiggle room for interpretation there, the extension does come within the scope of the wording and the basic position is that as guarantor you are liable for the arrears.

 

There is not duty on the part of the landlord to inform you of an extension implied in to the guarantee by statute so it woud not be unenforceable for that reason either I'm afriad.

 

The teXXXXX XXXXXability will be joint and several so that they can pursue you for the whole of the rent arrears.

 

I would check that the guarantee itself has been properly executed (ie. signed and dated), if it has not you may have a defence available to you.

 

If the tenancy was an assured shorthold tenancy, which it will be if the rent was less than £25k pa and no notice was received prior to entry stating specifically that it was no to be an AST, then the deposit must have been lodged in an tenancy deposit scheme if it was not then the tenant could apply for the return of the whole of the deposit and a fine of three times the deposit amount payable by the landlord to the tenat. You should ask the tenant to check about this because you could perhaps leverage this against the rent arrears.

 

If you can't leverage the above then you may be looking at having to offer the landlord a settlement amount to avoid the hassle of litigating. They may accept this. If they do make sure you get it in writing that they are accepting the sum in consideration for not issuing a claim against you at Court to recover the monies.

 

You may be able to claim anything you have to pay from the tenants, the issue here will be whether they have assets against which you could claim or an income against which you could ask for an attachment of earnings order so that a set sum is dedcuted from their salary.

 

If you took legal advice on the guarantee and the extent of liability was not explained to you then you may be able to claim against your solicitor/adviser.

 

I'm very sorry that it could not be better news.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 


Tom



Edited by Thomas on 8/2/2010 at 3:21 PM EST
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