Guarantor needs advice.

furrysocks11

It is headed Deed of Guarantee
Havent got a scanner to put full document on here ,


part of it says Tenants are responsible for the payment of all rent and all liabilities falling upon the tenants during the tenancy or any extension of it as well as any breach of the agreement , and individually each tenant is responsible for payment of all rent and all liabilities falling upon the tenants as well as any breach of the agreement until all debts have been discharged in full.
Consequently
Guarantor is liable for the payment of all rents and all liabilities falling upon the tennants during the tenancy as well as any breach of the agreement until all payments have been made in full

It states the gurantee shall continue throughout the period that the property is occupied by the tenant or by occupiers licensed by the tenant including any extension or continuation or statutary periodic tenancy which may arise following the end of the period set out in schedule 1 of the tenancy agreement.
and the last line states
This guarantee shall not be revocable by the guarantor , nor will it be rendered unenforceable by the guarantors death or bankruptcy.

So if the tenant runs up utility bills too am I liable for those too?
I cant believe what moment of madness had overtaken my brain when I agreed to this :mad:

gordonbennet

So you would I'm afraid, be liable beyond the 6 month term, for as long as this tenancy lasts.

I don't believe you would however be responsible for the utility bills - assuming these are paid by the tenant to the utility companies (and not via the landlord). The Deed of Guarantee you signed was for the tenants obligations to the landlord - not to anyone else. The utilities can't hold the landlord responsible for non-payment by his tenants, therefore you have no responsibility there.

taxsaver

furrysocks11 wrote: »

This guarantee shall not be revocable by the guarantor , nor will it be rendered unenforceable by the guarantors death or bankruptcy.

I do not think these parts are valid. Just because something is written in an agreement does not automatically make it enforceable.

Any g'tee has to be revocable (as long as it doesn't disadvantage the beneficiary - which it doesn't once he is able to give notice to the tenant and has regained possession) and certainly it cannot endure beyond bankruptcy. In the case of death, then again the liability must be determinable otherwise it would not be possible to conclude the winding up an estate!

G_M

It states the gurantee shall continue throughout the period that the property is occupied by the tenant or by occupiers licensed by the tenant including any extension or continuation or statutary periodic tenancy which may arise following the end of the period set out in schedule 1 of the tenancy agreement.
and the last line states
This guarantee shall not be revocable by the guarantor , nor will it be rendered unenforceable by the guarantors death or bankruptcy.

Was your signature to this Deed witnessed at the time of signing?

Provided this Deed has witness signatures next to yours, you are ****ed I'm afraid.

furrysocks11

G_M wrote: »

Was your signature to this Deed witnessed at the time of signing?

Provided this Deed has witness signatures next to yours, you are ****ed I'm afraid.

Yes it was , my best hope is for the relative to move then I suppose

jjlandlord

furrysocks11 wrote: »

Yes it was , my best hope is for the relative to move then I suppose

Anything you pay because of this guarantee is a debt to you by your relative: You can and should recover the money from him.

Also you should not pay anything until the landlord has provided you with all the documentation proving what's due, then wait a few reminder letters, try to negotiate, etc.