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i signed a guarantee on a tenancy agreement.The tenants are

Customer Question
a month in arrears. If...
i signed a guarantee on a tenancy agreement.The tenants are a month in arrears. If i want to stop guaranteeing/ determine my liability what can i do? Tenants are on housing ben paif by council direct to them. they have bought a new car recently. original tenacy was 6 month trial which i assume ahs been extended but i have not receoved conf of this. i do not have copy of agreement, am getting tomorrow from agents. I want to try to determine/ fix my liability if i can. Letter received from credi control today - advising they would initiate court proceedings if i dont pay in 7 days. They say they wrote a first letter but i have nt received any correspondence until today.
Submitted: 6 years ago.Category: UK Law
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12/10/2010
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,626
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,


What does the guarantee say about the length of your liability - is it limited to the term of the tenancy agreement?

 

Tom

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Customer reply replied 6 years ago
i don't have a copy of the guarantee-am pretty sure i didn't get one after i signed. i am getting a copy of the agreement tomorrow from the estate agents. They have told me i can't determine my liability ie ask to freeze my liability. the original tenancy taken out over a year ago was initially for a six month trial shorthold tenancy which i understand has been extended althoughI have not received confirmation of this form the agents. The tenants are in receipt of housing benefit paid direct to them by Plym City Council. I believe they have recently bought a new car so they have prob used the Housing Ben to buy this. Can I press the landlords to go for repossession sooner rather than later so the tenancy is terminated. What concerns me is that they might rely on the guarantee and not push for eviction. I am facing possible reduncancy myself -public sector education cuts-and my partner is disabled and on £271 disability allowance..... would a court take this into account and, in worse case scenario allow me to pay any liability monthly rather than in one amount? Cheers Jane
Solicitor: Thomas, Lawyer replied 6 years ago

Hi Jane,

 

Can you reply to this post tomorrow and tell me what specifically the guarantee says about the length and extent of your obligation please.

 

I will be able to respond more fully then.

 

Kind regards.


Tom

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Customer reply replied 6 years ago
cheers tom.
Solicitor: Thomas, Lawyer replied 6 years ago

No problem, just reply to this post when you have it.


Tom

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Customer reply replied 6 years ago

Hi Tom the guaraentee is unlinited and cannot be revoked by me- not good for me as far as i can see::( HOWEVER i have discovered the landlord died (approx one month ago i believe)i was not informed of this and solicitors are currently sorting out the estate- one of the sons held power of attorney for the mother and acted for her in the letting. The guarantee mentions that if i die or the tenant dies it carries on but nothing about the landlord dying. What i guess i need to know is what happens when the other party to the guarantee dies.

 

In addition i have never been given a copy of the guarantee. Looking fwd to yr reply Jane

Customer reply replied 6 years ago
btw the guarantee was between me (guarantor) and the landlord (now deceased) just thought i should mention that.
Solicitor: Thomas, Lawyer replied 6 years ago

Hi Jane,

 

Provided the guarantee was properly executed (ie. signed and dated) then it will be binding upon you, your liability under it does not cease as a result of the landlord passing away I'm afraid.

 

They are highly unlikely to release you from it, particularly where the tenants have become in arrears with their rent because it gives them security in that they will be able to recover the arrears from you - this is purpose of the guarantee.

 

To seek to limit you liability I would engage with the landlord's son or agents and ask to be kept up to date with any continuing arrears. If the tenant falls in to two months rent arrears then the landlord could serve a s8 Housing Act notice giving the tenants two months to vacate. They would then be able to sue the tenants but they would only receive judegment on the rent up to the time at which the court decides they would have been able to re-let. This is better than them being concerned with the administration of the estate and letting the tenants rack up more arrears.


If however the guarantee only refers to the original tenancy and not any renewal or to liabilty during the course of the tenancy then it may not be enforceable against you. You have to check specifically the wording of the guarantee.

 

I would also suggest that you ask the landllord to contact the local authority to inform them that their housing benefit paid to them does not appear to be being used for rent.

 

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,


Tom



Edited by Thomas on 12/12/2010 at 1:31 PM EST
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