Guarantor Liability

KevynF

Bantex wrote: »

I take it the tenant is no longer a friend. Quite unbelievable behaviour.

Yes, for sure Bantex. We fell out before all of this, but I still can't quite believe the behaviour. If I had to be honest it has shaken my belief in human nature.

Thanks to all of you for your kind advice, it is most appreciated.

Kev

pmlindyloo

According to this:

http://england.shelter.org.uk/get_advice/tenancy_deposits/deductions_from_tenancy_deposits#deductions_from_a_tenancy_deposit%26nbsp%3Bif_you_owe_rent

the landlord can make withhold rent arrears from the deposit.

Why not give Shelter a call and ask for some advice?

KevynF

pmlindyloo wrote: »

According to this:

the landlord can make withhold rent arrears from the deposit.

Why not give Shelter a call and ask for some advice?

Thank you Lindy, I think that I will do just that...

BitterAndTwisted

The landlord is going to be hard-pressed in justifying charging two tenants for the same period of rent. It looks like the proprty was only empty for a week or so, so regardless of the tenants not giving adequate notice it looks like they might be entitled to part of their deposit back with no impact on their hard-suffering guarantor ex-friend.

G_M

If rent is owed, LL can take it from deposit.

* if tenant wishes to dispute the deduction via the deposit scheme, he can. The scheme arbitrators will then decide whether rent is due.

* if more is owed (rent, damage etc) than the amount of the deposit, the LL can sue the tenant. Or the Guarantor. Or both.

* the case pmlindyloo quotes above seems to acurately reflect the law on ending a tenancy, and a tenant's (or guarantor's) libility for rent:

The court confirmed that the tenant of a periodic tenancy is required to give formal notice to the landlord; the requirements for such notice are that it must be in writing, it must expire on the last day (or the next day) of the tenancy period, and it must be not less than one calendar month for a monthly tenancy

Not sure why you (pmlindyloo) think

But please note that the period for giving notice dates (I think ) has changed.

In what way?

If people agree then perhaps someone will kindly tell the OP what notice now has to be given for a periodic tenancy - is it now one calender month?

Ah! No. That is the notice a landlord must give a tenant, as recently ruled by the Court of Appeal in [FONT=&quot]Spencer v Taylor. Notice by the tenant did not change.[/FONT][FONT=&quot]

See also:

[/FONT]Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Oops - missed the reference to LL installing a new tenant. as bitter says, LL cannot claim to have a valid tenancy with both at the same time! By installing a new tenant the LL has implicitly accepted the first tenant's Surrender, thus ending the tenancy.

jjlandlord

If tenant left one week into the monthly periodic tenancy, he is still liable for the rent for the full month even if landlord accepted surrender during that time.
As guarantor (assuming guarantee stands) you are thus liable for the same.

The landlord can decide how to recover the debt.
If there is a deposit the easiest route seems to be to recover it from the deposit.

theartfullodger

pmlindyloo wrote: »

According to this:

http://england.shelter.org.uk/get_advice/tenancy_deposits/deductions_from_tenancy_deposits#deductions_from_a_tenancy_deposit%26nbsp%3Bif_you_owe_rent

the landlord can make withhold rent arrears from the deposit.

Why not give Shelter a call and ask for some advice?

Guarantors & guarantor liability is just about the only area of housing that I don;t think Shelter understand... never known why....

Try this instead...
http://www.landlordlawblog.co.uk/2010/05/08/tenancy-agreements-31-days-of-tips-day-8-guarantees/
&
http://www.landlordzone.co.uk/forums/showthread.php?9019-Deed-Of-Guarantee

G_M

jjlandlord wrote: »

If tenant left one week into the monthly periodic tenancy, he is still liable for the rent for the full month even if landlord accepted surrender during that time.
As guarantor (assuming guarantee stands) you are thus liable for the same.

The landlord can decide how to recover the debt.
If there is a deposit the easiest route seems to be to recover it from the deposit.

Ah yes, forgot that. Ignore my advice in post above about the new tenancy.

Guest101

KevynF wrote: »

Thanks everyone. This was originally a 12 month fixed term tenancy, but the letting agency allowed the tenancy to expire, so that it 'naturally' became a periodic contract. The tenant refused to sign the periodic contract and left in a hissy fit a week into it, sending the keys to the letting agency through the post. The letting agency then had re-occupation of the property the next day. I just wondered if the fact that the letting agency had re-occupation meant that this was effectively the expiration of the tenancy.
For what it's worth I do realise how stupid I was to ever sign up to being a guarantor, and I would advise anyone to think long and very hard before ever doing so.
Kev

Do u mean a new tenant moved in? If so then at most u owe 1 month, a judge may say less. But then again maybe not and u could end up paying costs