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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10458
Experience:  Barrister 17 years experience
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I was a guarantor tenant who is no longer in the property

Customer Question

I was a guarantor for a tenant who is no longer in the property but has had 4 years of dispute with the landlord _ i have paid bailiffs at my door already significant sums and now have received a court order to pay a further sum, at what point and how do I get out of being responsible and involved - the landlords clearly do this for a living and have pursued the tenant relentlessly going from court to court _ i have had enough and just want it to stop and leave them to it - i have offered the landlord to pay on condition that he confirms that he will no longer involve me in whatever further disputes and claims he has with the tenant - the payment is due today otherwise he sends the bailiffs but he has refused to agree to my request - if i pay which I do not really have much choice - I know that he will simply again come to me for the rest of his claim against the former tenant - i really need a way of ending this saga
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, I regret to say that your liability as guarantor for a tenant does not end until such times as the tenancy ends unless the landlord voluntarily releases you from the guarantee. So I regret to say your position in this dispute with the landlord is very weak. In your question you do not state whether the tenant is still in the property of how long is left in the tenancy. However, from your own point of view, you need to get the tenant to assign the tenancy to someone who will be able to pay the rent. Whilst this will not bring an end to the guarantee, it will mean that there will be a different person in place who will be able to pay the rent. However, you need to realise that it is a very foolish step to guarantee a tenant's liability to a landlord unless they are going to pay the rent. This is because the guarantor has not means to get out of their liability unless the landlord releases them.
Customer: replied 2 years ago.
The tenant has been out of the property for over 2 years already - the landor is now claiming under section 22
Customer: replied 2 years ago.
Section 21
Expert:  Buachaill replied 2 years ago.
2. It was very foolish for the tenant to leave the property without determining the tenancy and the guarantee. You really should have got legal advice and gone to court when the tenant left the property. I would advise you to negotiate with the landlord so you can now put in your own tenant who can pay the rent. Not to continue to pay under a guarantee where you cannot control the risk of non payment of rent. That is very foolish!
Customer: replied 2 years ago.
To clarify - the tenant owed according to the landlord 2 months rent - the property is rented out - the landlord is now going after another 2 months rent down to not being given notice under section 21
Customer: replied 2 years ago.
I paid the money based on receiving a court order as the guarantor and tries to as the landlord to agree to now leave me out of any further disputes he may have with the tenant - this he has refused - I am looking for a way to get myself out of being a guarantor
Expert:  Buachaill replied 2 years ago.
3. At this stage you should seek to go to court and argue that the guarantee has been repudiated because of a change in the risk covered by the guarantee. At this stage you have nothing to lose. Otherwise you will continue to have to pay out money as guarantor without end. The law is that a guarantee is brought to an end where there is a change in situation such that the obligation under a guarantee becomes more onerous due to a change in the risk associated with it. You can seek to argue that the fact that the tenant whose obligations you guaranteed has now ceased to be in the property, this means that the guarantee is no longer operative. At the very least, this legal action will enable you to negotiate with the landlord for an end to the guarantee. Otherwise you will continue to have to pay out under the guarantee. So get yourself a solicitor and take the landlord to court.

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