Terminating Guarantor

Fire_Fox

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.

And the landlord found it quite unreasonable that your son breached the legally binding contract that he signed when he failed to pay the last month's rent. Your son should have been given two rent periods notice which is usually two months, only TWO weeks more than you claim yet your son withheld FOUR weeks rent. Your son's lack of financial planning is no concern of his landlord.

al124 wrote: »

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.

You may not like what we have to say, but it is exactly the same as you will hear from the magistrate when you lose the case and have all costs awarded against you. Better to pay up now than have a County Court Judgment ruin your credit rating. Had you come to us during the tenancy we could have advised you how to go about getting the landlord to adhere to his repairing responsibilities. As it is that is a completely separate issue from the one at hand which is your son's breach of contract.

Some tenancy agreements do have clauses regarding overnight guests in order to protect the landlord from occupancy by people not party to the AST. Again had you come to us during the tenancy we could have advised you if the landlord's actions in this matter were lawful. As it is again this is a completely separate issue from your son's breach of contract.

Annisele

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

FWIW, I'm not a landlord - I'm a tenant.

However, I still think that morally the landlord has every right to claim the missing rent and the cost of the carpet from you. (Whether he's done everything he needs to do to be able to claim from you in court is another matter, but unless the six weeks rent plus the carpet cost is more than the deposit it's a moot point - the LL will simply keep the deposit).

The LL agreed to rent to your son on condition that you agreed to be a guarantor. You decided that you no longer wished to be a guarantor (as is your right, by giving reasonable notice) and the LL decided that as a result he no longer wished to let his property to your son. So long as the LL made that decision relatively quickly, "reasonable notice" on your side would in my view be at least two rental periods. If "reasonable notice" from you could be less than two rental periods, the LL could be left without a guarantor through no fault of his own - and that's plain unfair.

G_M

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

Are you saying this is a website you've found, or that this is the actual agreement you signed?
If the former - well, that's their T&Cs.
If the latter - well stop drip-feeding us info!

Yes a LL. No I don't side with them no matter what! Browse through my posts and you'll find I openly critisise LLs who break the law, use bad practice or simply don't know what they are doing!

As for the cause of the carpet problem, the overnight guests, other issues
a) not relevant to the rent/damage issue - should have been resolved during the tenancy as Firefox says
b) stop drip feeding. Please. How can we advise if you keep adding facts when you don't get the answers you want!

GarySt_2

So the guarantor has given notice he no longer wants to be guarantor and the LL has given notice. No reason to not be liable for rent. Guarantor would be liable for the period of notice he is obliged to give.

tbs624

G_M wrote: »

Are you saying this is a website you've found, or that this is the actual agreement you signed?
If the former - well, that's their T&Cs.

This particular website has been plugged in other threads as a "good" source for a freebie AST - can't be bothered to look up its guarantor form, but see here.

DVardysShadow

al124 wrote: »

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

also says a guarantor can opt out

Yes, pretty much equitable that a guarantor should be able to opt out on the same terms that the Landlord can give the Tenant notice. Why not on the same terms as the Tenant can give notice? Well, it is because the Landlord should equitably have the right to terminate the tenancy once the guarantee is terminated - but should have the benefit of the guarantee while the Tenant is under notice from the Landlord.

Just honour the guarantee and the notice which you should rightly give. It is not that this forum is pro Landlord - far from it. It is more that fair play is required from both sides.