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

Harry_Powell

Glad to hear you spoke to a solicitor, please keep this thread updated as it'd be good to know how it turns out, but also so that anyone else in a similar situation can find out their rights. Good luck pal.

DVardysShadow

houndofculaine wrote: »

I've spoken to my Unions solicitors.

First I need a copy of the agreement.

But this issue of a rolling tenancy and the guarantors liabilty. They seem to think this is rubbish, of course the LL are going to say something else to cover their backs, but the advisor stated that a contract that stated you were liable forever is unlawful.

Depends how well written the contract I signed is. If it states a 'reasonable' time limit they can hold you to it. If it's open ended, that's an unlawful contract as it is unreasonable to maintain this sort responsibility for an indefinate period.

Hence my suggestion that you give notice on the same terms as the tenant can give notice. IMO, that it is unfair unfairness would be upheld if you adhered to a fair limit on your guarantee. If you gave notice you should expect to foot the bill to the end of a further 2 months [LL's notice period] plus however long it takes to evict unless another guarantor is found.

I notice on the LL website, they state that they have a fixed 6-12 month contract with their tennants, and at the end of the fixed period it is up to the owner as to whether they want to start another fixed period or move to a rolling tennacy. Surely that's a change of contract, and as I didn't sign anything to resign as guarantor I may be OK.

No, tenancies can go rolling automatically [statutory periodic] by law - you are signed up for this - you cannot get out on these grounds!

Harry_Powell

Here is a link that gives a bitof info about being a guarantor:

http://www.landlordzone.co.uk/sureties_&_guarantees.htm

It seems that dependant on the contract you signed, you may just be liable for the original 6 month assured tanancy or for the whole time your ex is at this property. It also says that these agreements have to be very carefully worded, so fingers crossed that yours wasn't and you can get out of it!!

G_M

Harry_Powell wrote: »

Here is a link that gives a bitof info about being a guarantor:

http://www.landlordzone.co.uk/sureties_&_guarantees.htm

It seems that dependant on the contract you signed, you may just be liable for the original 6 month assured tanancy or for the whole time your ex is at this property. It also says that these agreements have to be very carefully worded, so fingers crossed that yours wasn't and you can get out of it!!

Very helpful. In particular in this instance:

"In extreme cases the guarantor may be forced to sue the tenant for damages and apply to take over his tenancy, thus making it possible for her to terminate the tenancy agreement."

chappers

I think your union solicitor is right, you can't be bound into a contract ad infinitum, particularly a contract which permenantly binds one party, at the behest of a third.

I would do as DVS says, write to the LA saying you are giving 6 months notice to end your obligation as a gaurantor and that this should be sufficient for you to either provide the tenant with an unsecured tenancy, for the tenant to find another gaurantor or for them to give notice to the tenant.

Harry_Powell

chappers wrote: »

I think your union solicitor is right, you can't be bound into a contract ad infinitum, particularly a contract which permenantly binds one party, at the behest of a third.

I would do as DVS says, write to the LA saying you are giving 6 months notice to end your obligation as a gaurantor and that this should be sufficient for you to either provide the tenant with an unsecured tenancy, for the tenant to find another gaurantor or for them to give notice to the tenant.

I agree, though 6 months seems an excess notice period, especially if the OP's ex has already been in the flat for over 6 months already. I would have thought that a month's notice would be sufficient, but I'm sure that the OP's union solicitor will advise him once s/he gets sight of the guarantor agreement the OP signed.

This thread is certainly a salutory lesson to anyone thinking about being a guarantor. :eek:

junkmayle

Speak to a solicitor ASAP or, like DVS says, give your notice regards being a guarantor. The LL should then either instruct tenant to get another guarantor or evict her.

Guarantors circumstances can change over time eg - become bankrupt themselves, emigrate or die even. What would the LL do in these situations? I cant see that any contract can lock you in, potentially forever.