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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 1729
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Ending status as guarantor on periodic AST My parents have

Customer Question

Ending status as guarantor on periodic ASTMy parents have acted as guarantor for my sister. This was a 6 month AST which is now periodic and they want to withdraw as guarantor. The guarantor section is not a deed but forms part of the AST itself. These are the terms:
6. Guarantor
6.1 In consideration for the Landlord granting the Tenant a tenancy of the property, the Guarantor agrees to pay the Landlord and the Landlord’s Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay Rents or other monies lawfully due.
6.2 The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this agreement for the full term and until vacant possession is given to the Landlord
6.3 The Guarantor agrees to make payments lawfully due under clause 6.1 and 6.2 even after the Tenant has returned possession of the Property to the Landlord.The above terms suggest that my parents will be bound by the AST even after my sister has left. This can’t be right? How do they give notice? How do their obligations / liabilities end?They were never given a copy of the completed and signed AST. Is this relevant? They were only given a copy where all relevant details (names, address, amount, etc were blank.)Also, as my sister has been experiencing some difficult circumstances both my sister and parents gave permission for the Landlord’s agents to share the rental statement, etc with me. Initially, they gave this info but have been reluctant / unwilling to provide up-to-date info in recent months. Last month, they refused outright to provide the statement to me and have since just ignored a subsequent request. Can my parents be bound by the AST if the agents have refused to provide the info requested?My sister is about to give notice to leave herself and we thought that this would naturally release my parents. However, clause 6.3 seems even after my sister leaves then my parents still won’t be released from the agreement. This seems ridiculously unfair.Please advise.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Wales, UK
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: The original AST was from 19 Dec 2014 to 18 June 2015. A new AST MIGHT have been signed by my sister on 19 June 2015. My parents definitely did not sign this - of there was one
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Jo C. replied 11 months ago.

Sorry if I am missing the point but surely they will only have to pay what is owed under the contract?

Expert:  Jo C. replied 11 months ago.

Sorry if I am missing the point but surely they will only have to pay what is owed under the contract?

Customer: replied 11 months ago.
I can't see your response? Only the sane question - posted twice
Customer: replied 11 months ago.
hello? A message popped up saying that you'd responded but I can't see anything other than the same two questions above.
Customer: replied 11 months ago.
hello? A message popped up saying that you'd responded but I can't see anything from you other than the same two questions above.
Customer: replied 11 months ago.
How do my parents end their liability is the main point? It seems to go on..."Sorry if I am missing the point but surely they will only have to pay what is owed under the contract?"Yes, but what is owed under the contract isn't really clear. There are likely to be rent arrears but the agents have refused to provide the information. My sister also has many other debts.