Rental Issue after leaving University

Guest101

mrginge wrote: »

Just because a guarantor agreement cannot be enforced doesn't mean the debt disappears.

If there is a legitimate action for the debt then the OP is on the hook for it.
So it would only be a waste of time if there was no valid claim.

However, given it sounds like the tenancy had not commenced, there wouldn't be a valid claim.

Not for the op or her partners mother, but perhaps for her partner.

But agreed, tenancy not commenced, just breach of contract.

G_M

The company will sue the tenant and the guarantor jointly (assuming they sue).

The guarantor may be able to defend on the basis that
* the garantee agreement was not signed (was it?)
* the signatures were not witnessed (were they?)
* it was not executed as a Deed (was it?)
* the tenancy agreement was not supplied before execution (ie the guarantor knew exactly what was being commited to)

However the tenant can still be found liable, and will have to either pay, or get a CCJ for non-payment, plus potential chasing for years to come