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What does the guarantee say about the length of your liability - is it limited to the term of the tenancy agreement?
Can you reply to this post tomorrow and tell me what specifically the guarantee says about the length and extent of your obligation please.
I will be able to respond more fully then.
No problem, just reply to this post when you have it.
Hi Tom the guaraentee is unlinited and cannot be revoked by me- not good for me as far as i can see::( HOWEVER i have discovered the landlord died (approx one month ago i believe)i was not informed of this and solicitors are currently sorting out the estate- one of the sons held power of attorney for the mother and acted for her in the letting. The guarantee mentions that if i die or the tenant dies it carries on but nothing about the landlord dying. What i guess i need to know is what happens when the other party to the guarantee dies.
In addition i have never been given a copy of the guarantee. Looking fwd to yr reply Jane
Provided the guarantee was properly executed (ie. signed and dated) then it will be binding upon you, your liability under it does not cease as a result of the landlord passing away I'm afraid.
They are highly unlikely to release you from it, particularly where the tenants have become in arrears with their rent because it gives them security in that they will be able to recover the arrears from you - this is purpose of the guarantee.
To seek to limit you liability I would engage with the landlord's son or agents and ask to be kept up to date with any continuing arrears. If the tenant falls in to two months rent arrears then the landlord could serve a s8 Housing Act notice giving the tenants two months to vacate. They would then be able to sue the tenants but they would only receive judegment on the rent up to the time at which the court decides they would have been able to re-let. This is better than them being concerned with the administration of the estate and letting the tenants rack up more arrears.
If however the guarantee only refers to the original tenancy and not any renewal or to liabilty during the course of the tenancy then it may not be enforceable against you. You have to check specifically the wording of the guarantee.
I would also suggest that you ask the landllord to contact the local authority to inform them that their housing benefit paid to them does not appear to be being used for rent.
Sorry it could not be better news.
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