Ask an UK Law Question, Get an Answer ASAP!
What does the guarantee actually state?
Usually it would be drafted by reference to your guaranteeing the tenant for the length of the term including any period of holding over or statutory continuation of tenancy
Yes, that would bind you for any arrears relating to the period after which the initial fixed term of the tenancy agreement has come to an end.
The important part is the reference to liability for any extensions or continuations thereof. This includes when the tenancy continues as a statutory periodic tenancy and is the reason that it is drafted in this way. If you daughter owes money to the landlord for time during which she is occupying under the SPT then they will be able to recover this from you under the guarantee.
I would engage with the landlord and ask him to keep you up to date in respect of any arrears that accrue and/or when he serves your daughter notice to vacate. He could serve a s21 notice requiring possession giving two months notice with such notice to expire at the end of a rent period. If you daughter pays rent persistently late, or becomes two months in arrears then he could serve a s8 notice giving only two weeks notice.
It is important that you are kept up to date as to when any arrears accrue. The landlord is not under an obligations to servce notice if there are arrears (although practically most do obviously) so you should focus on not letting any unnecessary arrears accruing.
Sorry it could not be better news.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions. Kind regards,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).