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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have telephoned my sons landlord to explain my wife is ill

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I have telephoned my sons landlord to explain my wife is ill and we can no longer be guarantors for a rental property he has with his partner. He has told us its not that simple and we need to meet up - our son has threatened us in the past so this is not possible - I have called his partner who says the rental agreement has been put in her name 2 weeks ago and also the rent is more than on the short agreement we signed 5 years ago. We have not been notified of either of these changes - surely this agreement is no longer valid - our sons partner says she didn't need a guarantor.

Was the previous tenancy which you guaranteed in the name of both your son and his partner?

Has the new tenancy been granted to your son's daughter in her sole name?

Customer: replied 4 years ago.

The tenancy was in my sons name and has now been taken over by his partner in her sole name


Do you have the wording of the guarantee to give me?

Customer: replied 4 years ago.

As follows; I agree that I may be called upon to make rent payments should these not be paid ( payment is due £425.99 per month monthly in advance) or any other losses incurred by S A Webster & Son including any court fees whilst the tenant is in occupation at the above address or until any liability to us the landlords has been discharged noting that the tenant must give one months notice to vacate the property and the property must be left in a reasonable condition.



There has been no break in occupancy but as I say it is now in his partners name with no new guarantor for the agreement she has signed.

The agreement has my sons sole name as tenant and my sole name as guarantor

Does your son still live there?

Customer: replied 4 years ago.

His partner says not but the agreement is in a different name and higher rent without notification


Thanks for your patience.

If your son does not live there any longer then you are in the clear, no question.Your guarantee was specific to the original tenancy only which you say was signed in your son’s name If he no longer lives there and they have granted a new tenancy without your son as tenant then the guarantee does not extend to the new tenancy.

If your son is still in occupation then they may attempt to claim that because your son is in occupation then your guarantee continues to make you liable for the rent under the old tenancy. They cannot make you liable for any increased rent on the new tenancy because your guarantee does not extend to it if your son’s name is XXXXX XXXXX it.

If your son was still in occupation then your argument would be that because the new tenancy has been executed without your son being named on it then this replaced the old tenancy without binding you as a guarantor and that the liability for the rent under the old guarantee ceased once the new tenancy was executed.. You would probably be successful with this.

You need to find out if your son is in occupation. If he is not then you can simply advise the landlord that it is no longer binding.

If he is then you should state that the liability ceased when the new tenancy was executed.

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Kind regards,

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