Tenants Question about ending a contract early

DVardysShadow

clutton wrote: »

if a guarantor guarantees his family member's "half" of the tenancy i dont see how on earth this can work.. as each signatory to the AST signs to agree that they are each individually and jointly responsible for all of the rent anyway... so if one leaves the other tenant is responsible for all the rent - so one guarantor can be asked to guarantee the whole rent

what do other LLs think ?

i would never accept "half" a guarantor...

The water becomes very murky as to what would stand up in court. The tenancy agreement is joint and several, the guarantee is indivdual. The lawyers will line up to uphold one agreement over the other. Personally, as OP has clarified the wording, I think that the guarantee would be upheld as this is the agreement which the parents signed and this is the one which contains the clarification which undoes joint and several. On those grounds, I think LL may rescind the letting.

franklee

DVardysShadow wrote: »

The water becomes very murky as to what would stand up in court. The tenancy agreement is joint and several, the guarantee is indivdual. The lawyers will line up to uphold one agreement over the other. Personally, as OP has clarified the wording, I think that the guarantee would be upheld as this is the agreement which the parents signed and this is the one which contains the clarification which undoes joint and several. On those grounds, I think LL may rescind the letting.

But on what grounds can the LL recind considering both LL's employee and tenant have signed the tenancy agreement and the OP was told by them the signatures on the agreement make it legally binding? Surely either the contract binds both sides or it binds neither and as they have both signed I'd suggest it now binds both

Personally I'd write a letter to them explaining that they said both signatures make the contract legally binding and that's that as things stand now and there will be no more guarantors. Put the ball in their court and see what they do.

lellow_lorry

..if you proceed......I pity you with the hassles of the "in laws" ...Yes they are protecting themselves...but what do they think of you...not inspiring but .....good luck and hope you prove them wrong.