Guarantor for my daughter

gargoyle

My husband and I signed up as guarantor for my daughter on a 6 month ast. There's been no problems with the rent as we helped her out for the first few months. This is now changing to a periodic tenancy. As part of the deed I know it continues all the time she's in the property. Not a problem with this, however now the landlord is changing agency, as well as putting rent up. I've not been spoken to about any of this or asked to sign anything new. I believe from the wording that I'm no longer guarantor, but just wanted some advice about this as I've explained to my daughter it may not mean we are there as her backup. Of course we will help her, just not on paper as it were.

foxy-stoat

As long as you read the original paperwork what happens as a guarantor when it goes into periodic.

I would of thought the Landlord or the new agent would want a new AST though.

gargoyle

The wording is that we remain guarantors for any renewal, or continuation including periodic tenancy. The deed is between us and the landlord so this isn't affected by the change in agency. Although it doesn't say anything about rent increases, just refers to the details on 'schedule 1' which is the details of the current rent etc

G_M

Change of agent is irrelevant.

Change of rent depends on the exact wording in the Deed you executed. If 'schedule 1' specifies a rent, then that is what you are guaranteeing, unless it also refers to increases.

Change to periodic is probably irrelevant, depending on exact wording of the Deed.

Hasbeen

From your previous post: I believe from the wording that I'm no longer guarantor,

gargoyle wrote: »

The wording is that we remain guarantors for any renewal, or continuation including periodic tenancy.

A little bit puzzled?

Socajam

I would find out from the landlord in writing if you are still a guarantor for your daughter.
With a situation like this, I much prefer to see that in writing - word of mouth means nothing.

G_M

Socajam wrote: »

I would find out from the landlord in writing if you are still a guarantor for your daughter.
With a situation like this, I much prefer to see that in writing - word of mouth means nothing.

Absurd!

Whether the OP is liable as a guarantor is a matter of law.

Whether the LL believes, or chooses to believe, or pretends that the OP is liable as a guarantor is irrelevant.


Given a choice ("am I still a guarantor or not?"), I wonder what the LL will respond........

gargoyle

I was just referring to the change in rent. I've looked a bit further and it says we have to be notified of any changes to the original agreement. I'm just not sure where we and our daughter stand legally :-/. This while thing is all new to me

SmashedAvacado

the principle of law on this is that if a lease is varied or amended (including a review of rent) to the detriment of the guarantor and the guarantor is not a party to this, then the guarantor is released. The exact circumstances obviously differ - but i would keep quiet and then if there is a claim (if your daughter defaults) you can argue that you were released). Do not sign anything with the landlord in the meantime

if you google "guarantee release variation of lease" you will find lots of articles on this.

G_M

gargoyle wrote: »

I was just referring to the change in rent. I've looked a bit further and it says we have to be notified of any changes to the original agreement. I'm just not sure where we and our daughter stand legally :-/. This while thing is all new to me

Please!

If you want serious responses, quote the relevant wording of the Deed in full.

Vague references to what it seems to say are not going to help us,or you.

gargoyle

"refers to the proposed assured shorthold tenancy annexed to this deed or any renewal, extension, continuation or statutory periodic tenancy which arises thereafter and includes and rental increase agreed between the landlord and the tenant, provided the guarantor is notified of the increase on the signing of any extension document"

I found this bit after I looked further. So I'm not entirely sure what I need to do. Do I contact them for a new tenancy even though there isn't one? Or do I just keep helping her out when needed without that?