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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a guarantor on a ASTA signed in 04/2009 for a 12 month

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I am a guarantor on a ASTA signed in 04/2009 for a 12 month term, the tenant has missed 2 months rent and is being served with a section 21, as guarantor of the initial agreement do my responsibilities continue under the periodic tenancy ?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

What does the guarantee actually state in this regard?

Tom
Customer: replied 1 year ago.
It only state "The guarantor shall be jointly and severally liable for all obligations of the tenant and guarantees that the tenant will comply with all the covenants contained within the tenancy agreement". but as the term of the agreement was twelve months (until 04/2010) and it only says the tenant may bring the tenancy agreement to an end at any time before the expires of the Term (but not earlier than the twelve months from the commencement date ) by giving the landlord not less than one months signed written notice on or before a rent due date
Expert:  Thomas replied 1 year ago.
Hi,

Is there a tenant covenant referring to the obligation to pay rent during any period of holding over or statutory periodic tenancy?

Tom
Customer: replied 1 year ago.
It does not mention statutory periodic tenancy it is more generic and only state tenant will pay rent in advance of rent due date
Expert:  Thomas replied 1 year ago.
Hi,

Okay.

How is the fixed term of the tenancy agreement defined? does that mention any period of holding over or occupation?

Tom
Customer: replied 1 year ago.
No it only states a term of twelve months
the landlord lets and the tenant takes the premises for the term and at the rent specified above.
The landlord may not determine this tenant at any time earlier than six months from the commencement date
This agreement is intended to give rise to an assured short hold tenancy as defined in section 20 of the housing act 1988 and the tenant acknowledges by signing this agreement
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

It sounds like it’s not a very drafted tenancy agreement.

Usually there is reference to the term including any period of holding over or when the teXXXXX XXXXXes to a statutory periodic tenancy, in which case you would be bound to guarantee the period during the statutorty periodic tenancy.

From the brief information that you have given to me the guarantee does not appear to extend that far. Which means that you would have a reasonable prospect of defending on the basis that the guarantee only includes the initial fixed term and not the statutory periodic tenancy period of occupation.

I would still be proactive with the landlord to ensure that they evict the tenant but making them aware that you will defend on the basis that the actual construction of the words does not appear to make you liable beyond the fixed term.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6461
Experience: BA (Hons), PgDip, Practising Solicitor
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