I need to get out of my guarantor contract.

ging84

can an open ended guarantor agreement that runs for the entire tenancy regardless of length be enforceable ?
What if the tenant simply stopped paying rent and the landlord never evicted the tenant? they could just keep taking the guarantors money

BitterAndTwisted

A guarantor is liable for the whole of the rent for the entire duration of the tenancy. If it were otherwise it would be totally pointless.

A landlord would need to enforce payment from the guarantor via the courts, they don't have the guarantor's debit-card details to make charges against.

The more threads there are on this forum about guarantors, the better. Then one hopes fewer people would put themselves and their future financial security at such terrible risk.

Oh, and Ruggedtoast is not a troll but a regular poster on this forum. And I agree with him, this scenario is not unlike an episode of Jeremey Kyle

silkyuk9

BitterAndTwisted wrote: »

A guarantor is liable for the whole of the rent for the entire duration of the tenancy. If it were otherwise it would be totally pointless.

A landlord would need to enforce payment from the guarantor via the courts, they don't have the guarantor's debit-card details to make charges against.

The more threads there are on this forum about guarantors, the better. Then one hopes fewer people would put themselves and their future financial security at such terrible risk.

Oh, and Ruggedtoast is not a troll but a regular poster on this forum. And I agree with him, this scenario is not unlike an episode of Jeremey Kyle

You are dead right. I'm at my whits end thinking that this person could do this, not pay rent and the landlord not give a !!!!!! as he is extracting £600 a month from me for a person who has no place in my life. Someone who is earning more than me a month but can take me to the cleaners and possibly lose my home.

silkyuk9

G_M wrote: »

1) is the guarantee agreement legally valid?
a) Executed as a Deed?
b) witnessed?
c) tenancy agreement provided before GA signed?

2) What does it say?
a) you guarantee for the period of the fixed term?
b) for as long as the tenancy continues?

Assuming it is valid, you have made a legal commitment. A Guarantee agreement would be pretty pointless if the guarantor could end it whenever they wished!

a, yes a deed was given to me
b, witnessed no, even though the deed says it was
c, No the TA and the GA was posted to me after I had signed the GA, I did not see TA until that point.

2a, no it seems i am the guarentee until she moves out
b, yes

BitterAndTwisted

How about you consider giving the ex a lump-sum towards a new rental, maybe six month's-worth of rent in return for her surrendering this tenancy? A least that way there is a finite cost to you.

G_M

silkyuk9 wrote: »

a, yes a deed was given to me
b, witnessed no, even though the deed says it was you could contest this in court. Your word against the LL's. Up to the court who they believe
c, No the TA and the GA was posted to me after I had signed the GA, I did not see TA until that point. lack of TA at point you signed the GA gives you grounds to contest the validity of the GA. Again, Up to the court who they believe

2a, no it seems i am the guarentee until she moves out
b, yes

This is normal, and I'm afraid is why GA are executed as Deeds.

I'm at my whits end thinking that this person could do this, not pay rent and the landlord not give a !!!!!! as he is extracting £600 a month from me for a
person who has no place in my life.

But unfortunately by becoming a guarantor you accepted that this person does have a place in your life.

The reason a LL requests a guarantor is exactly so that if the tenant (who the guarantor trusts but the LL does not) defaults on rent etc, he can claim the rent off the G. That is what the GA is there for.

HappyMJ

silkyuk9 wrote: »

You are dead right. I'm at my whits end thinking that this person could do this, not pay rent and the landlord not give a !!!!!! as he is extracting £600 a month from me for a person who has no place in my life. Someone who is earning more than me a month but can take me to the cleaners and possibly lose my home.

You can terminate the agreement. The landlord would then have to give notice to the tenant to end the tenancy. I wouldn't worry too much about what it says in the agreement if you've told them in writing that you will no longer be a guarantor at the end of the fixed term or 3 months then I can't see a county court judge imposing a CCJ against you.

The landlord is also not allowed to just keep on taking money from you. They must terminate the tenancy.

silkyuk9

G_M wrote: »

This is normal, and I'm afraid is why GA are executed as Deeds.

But unfortunately by becoming a guarantor you accepted that this person does have a place in your life.

The reason a LL requests a guarantor is exactly so that if the tenant (who the guarantor trusts but the LL does not) defaults on rent etc, he can claim the rent off the G. That is what the GA is there for.

I understand that so in real terms it would be acceptable for a tenant not to to pay rent and the landlord not bothering to evict etc but take the guarantor to the cleaners until no money left etc then evict the tenant

G_M

silkyuk9 wrote: »

I understand that so in real terms it would be acceptable for a tenant not to to pay rent and the landlord not bothering to evict etc but take the guarantor to the cleaners until no money left etc then evict the tenant

Well, in normal circumstances, guarantors and tenants have a relationship - there is trust between them. Usually they are family.

In the scenario you describe, dad (the guarantor) says "Look son (tenant), I'm not paying your rent for ever. If you can't afford the place, give notice and come back home to live."

The tenant then gives notice and leaves.

anselld

HappyMJ wrote: »

You can terminate the agreement. The landlord would then have to give notice to the tenant to end the tenancy. I wouldn't worry too much about what it says in the agreement if you've told them in writing that you will no longer be a guarantor at the end of the fixed term or 3 months then I can't see a county court judge imposing a CCJ against you.

The landlord is also not allowed to just keep on taking money from you. They must terminate the tenancy.

I do not believe you can terminate a guarantor agreement.

However, OP can stop paying, which will at least force the LL to start eviction proceedings. OP would be held liable for costs up to eviction unless they can successfully challenge the validity of the GA.

I would also say if the OP does wish to challenge the GA validity then they should not pay anyway, since to do so would in effect be an admission of liability.