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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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In 2000 my son and business partner opened a restauran. Both

Resolved Question:

In 2000 my son and business partner opened a restauran. Both her parents and myself became guarantors for the rent. My son left the business in 1997 and a deed of seperation was drawn up.I have now been served with notice of rent arrears from march to september 2010 plus usual costs. I have 14 days to respond. As my son and I have had no connection with the business since 2007 are we liiable? If so how do I defend this
Submitted: 6 years ago.
Category: UK Law
Expert:  Thomas replied 6 years ago.
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. You state a deed of separation was executed, but was the Lease assigned from their joint names in to that of the person still running the business?
Kind regards.
Customer: replied 6 years ago.
apparantly not. In my ignorance I trusted whatI was told at the time.
Expert:  Thomas replied 6 years ago.

Thanks for your question.

Assuming that he is still named as tenant on the lease together with his ex-partner then the ownership of the leasehold interest has not changed since he left. He should have taken legal advice at the time and arranged for the lease to be assigned from their joint names in to that of his partner’s sole name.

If this is the case then the Landlord will be able to secure the guarantee against you. You need to find out whether the Lease has been assigned. If it was granted for longer than 7 years then it will be registered at the Land registry and you can pay to download a copy of the register to see if it has been assigned by checking who the registered proprietors are:-

If there are new owners then you need to check the terms of the guarantee to see whether you are still liable. Previous tenant’s can be held liable for the new tenant they assigned the lease to if they executed an authorised guarantee agreement. The extent of your guarantee may or may not cover this period as well.

If, as I suspect, nothing has happened to the Lease (you son would know, almost certainly, whether it was assigned – he would have had to have signed a Land registry Transfer or deed of assignment) then you will still be liable for the rent. I would suggest then taking a practical view and being pro-active with the landlord to avoid them issuing proceedings against them.

You need to stay in touch with them about what is happening with the lease (is it to be sold/surrendered) and whether the rent is being paid.

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Kind regards,

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