How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I have telephoned my sons landlord to explain my wife is ill

Resolved Question:

I have telephoned my sons landlord to explain my wife is ill and we can no longer be guarantors for a rental property he has with his partner. He has told us its not that simple and we need to meet up - our son has threatened us in the past so this is not possible - I have called his partner who says the rental agreement has been put in her name 2 weeks ago and also the rent is more than on the short agreement we signed 5 years ago. We have not been notified of either of these changes - surely this agreement is no longer valid - our sons partner says she didn't need a guarantor.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Was the previous tenancy which you guaranteed in the name of both your son and his partner?

Has the new tenancy been granted to your son's daughter in her sole name?

Tom
Customer: replied 1 year ago.

The tenancy was in my sons name and has now been taken over by his partner in her sole name

Expert:  Thomas replied 1 year ago.
Okay.

Do you have the wording of the guarantee to give me?

Tom
Customer: replied 1 year ago.

As follows; I agree that I may be called upon to make rent payments should these not be paid ( payment is due £425.99 per month monthly in advance) or any other losses incurred by S A Webster & Son including any court fees whilst the tenant is in occupation at the above address or until any liability to us the landlords has been discharged noting that the tenant must give one months notice to vacate the property and the property must be left in a reasonable condition.


 


 


There has been no break in occupancy but as I say it is now in his partners name with no new guarantor for the agreement she has signed.


The agreement has my sons sole name as tenant and my sole name as guarantor

Expert:  Thomas replied 1 year ago.
Does your son still live there?

Tom
Customer: replied 1 year ago.

His partner says not but the agreement is in a different name and higher rent without notification

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If your son does not live there any longer then you are in the clear, no question.Your guarantee was specific to the original tenancy only which you say was signed in your son’s name If he no longer lives there and they have granted a new tenancy without your son as tenant then the guarantee does not extend to the new tenancy.

If your son is still in occupation then they may attempt to claim that because your son is in occupation then your guarantee continues to make you liable for the rent under the old tenancy. They cannot make you liable for any increased rent on the new tenancy because your guarantee does not extend to it if your son’s name is XXXXX XXXXX it.

If your son was still in occupation then your argument would be that because the new tenancy has been executed without your son being named on it then this replaced the old tenancy without binding you as a guarantor and that the liability for the rent under the old guarantee ceased once the new tenancy was executed.. You would probably be successful with this.

You need to find out if your son is in occupation. If he is not then you can simply advise the landlord that it is no longer binding.

If he is then you should state that the liability ceased when the new tenancy was executed.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience