Terminating Guarantor on tenancy that's become periodic at the end of the 3 month term

m33r4

Can I end my Guarantor on a property that renews periodically unless the tenant ends the tenancy?

theartfullodger

That would depend on at least two things...
a) Was the guarantee set up correctly (eg as a deed, witnessed..) or not? If not it's probably unenforceable so you should be OK..
b) If guarantee rock solid, your ability (as I presume guarantor?) to end it would depend on the exact wording of the guarantee, which I sadly can't see from here...

- if tempted to post the wording, make sure you take out names & addresses..

user1977

Referring to "my guarantor" and "the tenant" in the third person suggests the OP is the landlord - but would be helpful if they could clarify.

Sandtree

m33r4 said:

Can I end my Guarantor on a property that renews periodically unless the tenant ends the tenancy?

Read what you signed, from what more learned people on here say, normally not however some are executed incorrectly as they are deeds not contracts (at least in England and Wales because there is no consideration) so must have a witness to the signing.

dimbo61

" end of three months term "
Sorry but why would any LL offer a 3 month's term ???

theartfullodger

dimbo61 said:

" end of three months term "
Sorry but why would any LL offer a 3 month's term ???

Why not? And AST can be for a week, 20 days, 6 weeks, 4 months etc etc etc.. 

Might well make sense for some tenants: My son rented somewhere for him & family during buildings works, decent flexible landlord permitted short tenancy (I think 2 months..) then flexibility afterwards (from the law).  Yes a gamble by landlord, but why not?

dimbo61

As you say Artful

Gamble by LL

Can't serve a S21 for at least 6 months and the costs to set up a Tenancy, Credit checks, deposit , references, and inventory.
Documents required.
Poster sounds like the Guarantor and wants out ASAP

m33r4

user1977 said:

Referring to "my guarantor" and "the tenant" in the third person suggests the OP is the landlord - but would be helpful if they could clarify.

I am not the Landlord. I am the Guarantor.

m33r4

dimbo61 said:

" end of three months term "
Sorry but why would any LL offer a 3 month's term ???

I am simply quoting what's on the Tenancy Agreement. It also says it renews periodically if the tenant does not give notice to end the tenancy. 

m33r4

theartfullodger said:

That would depend on at least two things...
a) Was the guarantee set up correctly (eg as a deed, witnessed..) or not? If not it's probably unenforceable so you should be OK..
b) If guarantee rock solid, your ability (as I presume guarantor?) to end it would depend on the exact wording of the guarantee, which I sadly can't see from here...

- if tempted to post the wording, make sure you take out names & addresses..

Tenancy agreement attached.
Guarantor form attached - 1st page at the bottom of the screen

Many thanks.

canaldumidi

Is that everything relating to the guarantor?

It's difficult to read but I cannot see even a space for the guarantor to sign, let alone a witness siginiture for the guarantor.

Nor can I see any clause or statement regarding the terms of the guarantee - what is the guarantor agreeing to guarantee? It does not appear to say.

Hard to believe this would stand up in court as a valid Deed of Guarantee.

Have you signed nothing else? Here is an example of a valid Deed:

DEED OF GUARANTEE

I also note it is called a 'Reference Guarantor Form'. Implying it is is in some way guaranteeing that the tenant's reference is valid - if so that's very different to a rent or damage guarantee!

What did you actually believe you were agreeing to?