Can I get out of being a guarantor for my ex girlfriend

houndofculaine

I know I was stupid now, but I was in love, I trusted her, didn't realise the bad debts this woman had. She needed to rent a house for her and her kids, she had nobody else to turn to so asked me to be her guarantor and I didn't want to see her and her kids homeless.
Trouble is I trusted her and never got a copy of the agreement I signed.
18 months later we've split up, and not nicely, she's an alcholic and used to go off on one all the time and sometimes attack me (even broke two ribs once)!
Now she's been paying her rent fine up to now, but knowing how vindictive she is I wouldn't put it past her to stop paying her rent. And she's already put me in enough debt (like paying the bailiffs off once after not paying her pole tax, never seeing that money again!) and I used to spend £100 a week traveling up to her, which went on my credit card, sigh!
I know her tenancy was originally for a minimum of six months. As thats waaaaay past can I get out of being her guarantor now? I thought I read somewhere after the minimum period you could write to the agency and ask to be removed as a guarantor. Is this true? Has somebody got a letter template I can use?

PasturesNew

I believe the answer is: No, you're a guarantor until she leaves that place.

If she stops paying the rent you'll be liable, but also if she trashes the place when she's evicted.

Not what you wanted to hear really is it.

I will happily stand corrected though if somebody else has a way out of it, but as far as I was aware a guarantor is for life. So you have to die, or she has to move out, before the connection's broken.

missile

It's never too early to consult a solicitor

eco-friendly_2

You're only liable for the rent not any damages, your only get out would be to supply another guarantor, a trip to the moon is more likely. Keep in contact with her EA/LL if she fails to pay two months rent contact the council, they will probably send the LHA direct to them.

DVardysShadow

Give notice on your guarantorship, according to the terms of the tenancy. It can't hurt your cause, although it may tip Tenant into thinking of defaulting. Once your notice expires, check out that your notice has been accepted.

I say this, although the consensus is that you cannot get out of being guarantor, because Landlord does have a duty to mitigate his losses. With you in place as guarantor, if she defaults, Landlord could let her stay for years and just charge you. But if you give notice, there would have to be some end to it - although it might require a solicitor and a court hearing to determine what that end would be. That is just a personal, rather than legal opinion.

Harry_Powell

As someone else has said, you should consult a solicitor. While internet forums are good to get a general idea of what your rights are, if you ask a question, you can get a hundred different answers, not all of them will be right.

Don't dally, get in touch with one today. While it might seem an expensive business to contact a solicitor it will be money well spent if it saves you hundreds later on, plus the piece of mind and closure on this relationship would be well worth it.

mbga9pgf

Sounds like a right snake with t*ts.

m_13

As they say, no good deed goes unpunished

Do you have legal cover on your car or home insurance or an employee assistance programme through work? Any of these should offer you legal advice in the first instance.

Landlordzone have a page on Guarantors here: http://www.landlordzone.co.uk/sureties_&_guarantees.htm

Are you the primary obligator as per that article? If not, your guarantor responsibilities may have ended at the end of the first AST period.

houndofculaine

I've spoken to the LL and he states I'm obliged until she ceases her tennacy or creates a new tennacy with a new guarantor, yeah like that's going to happen with this CCJ addict.

He's going to call her about starting a new tennacy agreement, but I know she won't find anybody else who will vouch for her, even her family wouldn't help before.

Is there any legal recourse in the fact I didn't know what I was undertaking, and she lied about her previous credit history to me? Surely there must be something legal you can do when the person you trust is pulling the wool over your eyes????

houndofculaine

A further point, the landlord stated the tennant had to be a non smoker, now she smokes about two packs a day. At first she'd smoke in the back garden, after a few weeks she'd sneak a crafty one in the lounge, this has now grown to the stage where she chain smokes in the house and the whole house stinks of fags.

If I wanted to be an !!!!, could I get her evicted on these grounds before she's able to run up a massive debt for me?

Unfortunately recent actions from her have killed off all trust I had for her.

RobertoMoir

houndofculaine wrote: »

I've spoken to the LL and he states I'm obliged until she ceases her tennacy or creates a new tennacy with a new guarantor, yeah like that's going to happen with this CCJ addict.

He's going to call her about starting a new tennacy agreement, but I know she won't find anybody else who will vouch for her, even her family wouldn't help before.

Is there any legal recourse in the fact I didn't know what I was undertaking, and she lied about her previous credit history to me? Surely there must be something legal you can do when the person you trust is pulling the wool over your eyes????

Perhaps you should consult a solicitor who will give you unbiased advice rather than the LL who has a vested interest in you remaining as guarantor?