Terminating Guarantor

G_M

The fact that he paid for 2 weeks, 2 months, 2 years or 12 years is irrelevant. He owed rent and for damage.

However assuming he paid rent monthly, he was entitled to 2 months notice, not 6 weeks. (but should of course have PAID 2 months rent too!).

GaryST's post seems pertinant though. You guaranteed your son. You knew what that meant. He defaulted. The LL's only fault seems to be the notice period, which is actually reducing what your son owes!

Soot2006

6 weeks notice?

Are you sure it wasn't 8?

al124

propertyinvestmentproject.co.uk/blog/tenant-guarantor-form/

According to that site

"when the fixed term is over and becomes periodic, the guarantor can opt out of the deal by writing to the landlord to terminate the agreement. This is perfectly legal and has been tested in court. The guarantor should give “reasonable” written notice that he/she no longer wishes to be bound by the terms of the deed of guarantee (beyond the fixed term)."

Is anyone else aware of this? I get the impression most of you are landlords and going to side with the landlord no matter what.

I gave them notice I no longer wished to be guarantor

al124

Soot2006 wrote: »

6 weeks notice?

Are you sure it wasn't 8?

Yes, they said it was 8 weeks but it was 6

custardy

al124 wrote: »

propertyinvestmentproject.co.uk/blog/tenant-guarantor-form/

According to that site

"when the fixed term is over and becomes periodic, the guarantor can opt out of the deal by writing to the landlord to terminate the agreement. This is perfectly legal and has been tested in court. The guarantor should give “reasonable” written notice that he/she no longer wishes to be bound by the terms of the deed of guarantee (beyond the fixed term)."

Is anyone else aware of this? I get the impression most of you are landlords and going to side with the landlord no matter what.

I gave them notice I no longer wished to be guarantor

and? at that point the landlord exercised his rights to end your sons tenancy
how much notice did you give to end your agreement to be guarantor?
the rent is still due

al124

propertymentor.co.uk/tenant-guarantor-forms.php

also says a guarantor can opt out

clutton_2

these are amateur sites.... what does www.landlordzone.co.uk say - they have property specialist solicitors posting on there... ask there

but i agree - your son has to pay his rent.... no ifs no buts no maybes....

your son has damaged the carpet... it needs paying for... no ifs no buts no maybes

al124

Actually the carpet was damaged because they didn't put one of those little gold fixer things over the end where it met the door and it kept catching on the door.

Which was a problem mentioned to the landlord and never fixed.

GarySt_2

Thats a matter you can take up with the Deposit Protection organisation. They of course will arbitrate if you havent been treated fairly.

olly300

al124 wrote: »

Actually the carpet was damaged because they didn't put one of those little gold fixer things over the end where it met the door and it kept catching on the door.

Which was a problem mentioned to the landlord and never fixed.

No point arguing with posters on here.

Argue your point with the landlord.

Also if the carpet was a trip hazard which is why it got damaged as long as you have proof of the complaint in writing then you can argue that in court.