Urgent renting advise

Thompson106

Hi guys, my niece took out a private rented house with me as guarantor over a year ago on a one year contract which is now up.  She hasn’t signed anything to say she’s extended it but continues to live in the hosue and pay rent.  I was contacted yesterday by landlord being rude and abusive due to her being late paying.  Is there a way I can get off being guarantor as we are now estranged and don’t have contact.  Also I thought it was just for a year which is now up?

oldbikebloke

we can't read your guarantee agreement from here. You have guaranteed whatever it says you have:
- typically that will be for the duration of the named person as tenant
- they are not tied to individual fixed terms 
- they are not tied to whether there is a signed tenancy agreement in place 
- they may (or may not) be invalid if not executed as a deed 

read:
https://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors

AdrianC

Thompson106 said:

Hi guys, my niece took out a private rented house with me as guarantor over a year ago on a one year contract which is now up.  She hasn’t signed anything to say she’s extended it but continues to live in the hosue and pay rent.  I was contacted yesterday by landlord being rude and abusive due to her being late paying.  Is there a way I can get off being guarantor as we are now estranged and don’t have contact.  Also I thought it was just for a year which is now up?

Normally, you're on the hook as long as that tenancy stays in place. The fact she's gone from a fixed term to a periodic doesn't mean the tenancy's finished - it continues until she moves or signs a new tenancy without you as guarantor.

The fact you are "estranged" changes nothing - it would be an easy get-out claim for any guarantor. You signed to cover her debts for that property, and you are legally bound by that (assuming all the paperwork was done properly).