Renting and my guarantor pulls out

bargainbunny

Hi just seeking some advice.

My tenancy is with an agency and is for 12 months.. which ends end of October it is meant to be resigned again then and is just formality that it ends..

However my guarantor was my bf until I broke up with him and he has now written to my agent stating that as of October he will not be my guarantor. Im not saying its unreasonable or anything but im now worried that I will be evicted.

I have 2 children and one has sp needs so im very worried about this plus have spent alot of money and time doing this house up so will be very sad about leaving.

The company im with only use home owner and over 23k income as guarantors so there is noone else I can ask.
Im a full time carer so im on benefits.. the rent has always been paid .

Bonny1

Knowing you as a tenant, for almost 1 year now, hopefully, they won't require a guarantor this time around...

Wishing you and your kiddies best of luck.

Bonny

bargainbunny

Thank you Bonnie, I knew he would be a :mad:one but not so quick
just not sure if it would still be classed as new tenancy if you know what i mean.

Not had much luck renting before and finally found good agency even if they was pricy and they said def long tenancy etc.. I just like to be prepared.

mightymouse

A Notice to quit would need to be issued by your Landlord if not then the Tenancy will continue on a periodic basis.

If you are a good Tenant and pay on time a new lease might be offered but without a Guarantor, if a lease is offered and you sign then you get another 6/12 months.

If you are not accepted under a new lease then the Current Lease will continue on a periodic basis and with the current Guarantor in place as part of the on going contract.

tbs624

mightymouse wrote: »

A Notice to quit would need to be issued by your Landlord if not then the Tenancy will continue on a periodic basis.

S21 is notice of intent to repossess not an NTQ

OP - your bf may find that it is not that straightforward for him to escape his liability under the current guarantor agreement.

Talk to the LL direct, rather than the LA. If you don't have his name/address you can either write to the LA formally requesting the info or pay 4 quid to the Land Registry and get it from there

mightymouse

Notice to Quit


'A notice to quit' is a written document which notifies EITHER the Landlord or the Tenant that the other party wishes to end the tenancy.

A Notice to Quit is more properly known as a Notice Requiring Possession.

clutton_2

a tenant gives notice to quit a LL gives notice requiring possession (a Section 21 )

garryou

i need escape his liability under the current guarantor

silvercar

A guarantor can't unilaterally declare he is no longer liable for the commitment he made. If the original guarantor liability extended beyond the fixed term to however long the tenant remained, then that is what the guarantor is stuck with. If the guarantee extended to the time that contract was in force, then it applies while the let is under that contract, which would include any periodic tenancy that continued after the end of the fixed term. If the guarantor only signed up until a specific end date, then the liability ends at the end date.

You need to read the guarantor agreement and see what the guarantor committed to.

tbs624

mightymouse wrote: »

Notice to Quit


'A notice to quit' is a written document which notifies EITHER the Landlord or the Tenant that the other party wishes to end the tenancy.

A Notice to Quit is more properly known as a Notice Requiring Possession.

It's good that you are reading up at LLzone.:)
NTQs are used for non Housing Act tenancies/Common Law tenancies, not ASTs

bargainbunny

silvercar wrote: »

A guarantor can't unilaterally declare he is no longer liable for the commitment he made. If the original guarantor liability extended beyond the fixed term to however long the tenant remained, then that is what the guarantor is stuck with. If the guarantee extended to the time that contract was in force, then it applies while the let is under that contract, which would include any periodic tenancy that continued after the end of the fixed term. If the guarantor only signed up until a specific end date, then the liability ends at the end date.

You need to read the guarantor agreement and see what the guarantor committed to.

Hi Silvercar,
Just found it and it states

sec 3
It is agreed that this Guarantee cannot be revoked by the Guarantor:
3.1 for so long as the tenancy created by the Agreement continues: or
3.2 during the continuance of any renewal or further tenancy entered into expressly or implied between the landlord and the tenant.

I have got a letter here that I presigned when I took on the tenancy

Notice Requiring Possession
Assured Shorthold Tenancy: fixed Term

date of expiry 22nd October 2010

they did say it was just a formality.

I don't really want to contact LL as I deal with the agency and they have been really upfront with me they wrote to me straight away when they received his letter but just wrote that he had *clearly* stated that as of 22nd October 2010 he would no longer be my guarantor.