Terminating Guarantor

al124

I was a guarantor for my son on an apartment he rented, I originally signed the 6 months and then it went to a rolling contract, he lived there for nearly 2 years without a problem and then I wrote to the landlord stating I wished to terminate being a guarantor.

They chose to ask him to move out since he had no guarantor and he stopped paying rent on this date since he needed to pay a deposit on a different place and he was given 6 weeks in which to move out (which he got, for more rent...without a guarantor!)

Now the landlord is suing me for the months rent, and also costs for a new carpet.

I gave my notice to wish to end my guarantee and so they chose to terminate his lease.

Am I liable?

G_M

Yes. Probobly.
You need to read the guarantee agreement you signed, but usually it continues until the tenancy ends. Not when the Fixed Term ends as the tenancy may continue as a periodic tenancy. It's still the same tenancy.

If guarantees could be simply cancelled by one party at any time they would be worthless to a Landlord. The whole point of them is to give the LL additional security if the tenant defaults, as has happened here!

If however your agreement states the guarantee is for the period of the Fixed Term only, then no, you are not liable.

al124

Yeah, it says it continues during any continuation of the tenancy.

However, I've noticed it's not presented as a deed and from what I'm reading because there is no consideration for myself as the guarantor a contract is not legally binding in this instance, it has to be a deed and must therefore clearly present itself as such. It makes no mention of being a deed.

Furthermore, it's not signed in the place the landlord is meant to have signed it. I'm not sure what effect, if any at all, that may have on it's enforceability?

G_M

Seems you've answered your own question. I assume you realised what you were signing and why?
There's some info here.

As to your point about a contract requiring consideration to be valid, this is a moot point. The guarantee agreement is tied to the AST, and the AST has consideration (rent). Courts do routinely enforce guarantee agreements though you could certainly try to argue the case before a court.

al124

Yes I was aware of what I was signing. He paid rent for 2 years with no problems and it was only when given 6 weeks notice in which to save a new deposit and pay for a move that he was unable to pay.

What aobut the issue that the contract is not signed by the other party? Any use there?

GarySt_2

So your son lived rent free for a month and damaged the carpet and you are expecting the landlord to pay???
He is your son. He owes you the money not the landlord. Be reasonable.

al124

GarySt wrote: »

So your son lived rent free for a month and damaged the carpet and you are expecting the landlord to pay???
He is your son. He owes you the money not the landlord. Be reasonable.

I find it quite unreasonable to evict someone with 6 weeks notice who has never failed to pay rent on time for 2 years. If you have nothing useful to say please don't involve yourself.

clutton_2

a landlord can evict a tenant if he chooses.. that is the uncertainty of renting as opposed to owning....

if your son damaged the carpet it needs paying for - that is why us landlords get guarantors

was the deposit in a Deposit Scheme ?

GarySt_2

The landlord took your son on with a guarantor for a reason. You took this security away from him. Maybe the landlord was concerned that you was not prepared to act as guarantor to your son. If you was sufficiently worried to remove the security how do you feel the landlord felt. As a landlord it would worry me.

custardy

al124 wrote: »

I find it quite unreasonable to evict someone with 6 weeks notice who has never failed to pay rent on time for 2 years. If you have nothing useful to say please don't involve yourself.

just because someone doesnt say what you want,you dont get to evict them from the thread
as per the lease the landlord can end the tenancy giving sufficient notice
why do you think your son shouldn't have to pay rent
thats how it works with rentals and in most will explicitly state the deposit doesnt cover the final rent & bills
so he would be required to pay right up to leaving the property,then would have got his deposit back

al124

GarySt wrote: »

The landlord took your son on with a guarantor for a reason. You took this security away from him. Maybe the landlord was concerned that you was not prepared to act as guarantor to your son. If you was sufficiently worried to remove the security how do you feel the landlord felt. As a landlord it would worry me.

i'm aware of that,


Frankly the landlord was a complete !!!!!! throughout the tenancy, refusing to fix things, harassing my son about having friends stay over hwen it was completely within his rights, so if I can find a way out of paying him I will.