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Rental guarantor

My husband is guarantor for family member after a marriage breakup. 18 months later, a partner moved in officially(UC benefits were notified). But my husband was never informed of this by the letting agent. Should he not have been given the option to decide if he wanted to continue as the changes should have been entered into the contract? They may well be moving on now and I’m worried how things will be left

Comments

  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    Has there been any change to the tenancy agreement?
    They only need his agreement if anything about the tenancy is changing. If the partner has just moved in but isn't named on the tenancy then nothing has changed.
  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 16 January 2021 at 8:57PM
    ..... 18 months later, a partner moved in officially(UC benefits were notified).....
    Please explain.
    Was
    1) the original tenancy ended and a new joint tenancy created? Unless a new Deed of Guarantee was properly Executed, he is now off the hook.
    2) the original tenancy Assigned, from the original sole tenant, to the 2 joint tenants? Unless a new Deed of Guarantee was properly Executed, he is now off the hook.
    Or
    3) did the partner move in as a guest (or quasi lodger - let's not go there!) or authorised occupant? If so, nothing has changed in the original legal arrangemement and the guarantor is responsible for no more, and no less, than before.

  • HampshireH
    HampshireH Posts: 5,030 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 16 January 2021 at 10:00PM
    Surely if your husband was guarentor then he has a reasonably good relationship with this tenant (you don't do it for people you don't know - even if they are family)?

    Surely you would expect them to do him courtesy of telling him no?

    Occupants do not need to be on a tenancy. The relative could have sublet to 10 randoms ...... Your husband would still be the guarentor for her tenancy.

    Unfortunately your concerns about how the property may be left should have been considered when agreeing to be guarentor.
  • rik111
    rik111 Posts: 367 Forumite
    100 Posts Name Dropper
    Why would the letting agent inform you ? Surely you would know if a family member had moved someone in, especially if you were that close you would risk a huge amount of money being their guarantor.....
  • missile
    missile Posts: 11,886 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would be very relieved. If they do move your husband's liability ends and he is no longer guarantor for their new property.
    "They may well be moving on now and I’m worried how things will be left"
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
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