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

theartfullodger

Good luck m33.

Sadly to be a lettings agent (or landlord) in England requires no qualifications, no training, no criminal records check.  Bonkers, come on England wake up!

My son and two fellow tenants were served an s21 "eviction notice" which I spotted was invalid (Landlord was selling).  Pointed this out to agent several times.  Blockheads couldn't understand.  In the end, couple of days before completion, landlord paid tenants several thousand to avoid agent's stupid hubristic f+** up.

SuseOrm

m33r4 said:

Thanks, everyone - most valuable advice and input from you all, and it's much appreciated!

I emailed the rental agent asking them to remove me as guarantor and they said they need to ask the landlord first. 

After your advice I have sent them this reply:

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The document I signed and sent you was a Full Reference Guarantor Form and not a Guarantor Deed/Agreement.  

Under UK law, if the Guarantor is not included on the Tenancy Agreement, and is given a separate Guarantor Agreement to sign (as I was), the guarantor needs to have sight of/be given the Tenancy Agreement first (I was not given/shown the Tenancy Agreement until I asked for it today, 18 Feb 2022), and directed by the content of this Tenancy Agreement, the Guarantor needs to execute (sign) the Guarantor document as a Deed in the presence of a Witness (your Full Reference Guarantor Form has not done this). For your additional information, a guarantor cannot be forced to pay up in respect of a tenancy agreement he/she has never seen. 

There is no point asking the Landlord in this case so please update your records by removing me as Guarantor for this rental property. 

The tenants have paid up on time for the past 6 months now and proven themselves capable of continuing to do so.

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Sadly despite their six months proven record paying they’ll probably give the tenants notice

canaldumidi

Personally I would not have sent that email. It will likely open a can of worms with the agents/LL claiming you are a guarantor and can't cancel...  Queue long protracted exchange of increasingly irate emails on both sides.....

Had you simply done nothing, nothing would have happened. In the unlikely event in the future of the tenant defaulting, and the agent/LL making a claim against you, then you could dispute your liability as guarantor.

m33r4

SuseOrm said:

m33r4 said:

Thanks, everyone - most valuable advice and input from you all, and it's much appreciated!

I emailed the rental agent asking them to remove me as guarantor and they said they need to ask the landlord first. 

After your advice I have sent them this reply:

-------------------------------------------------------

The document I signed and sent you was a Full Reference Guarantor Form and not a Guarantor Deed/Agreement.  

Under UK law, if the Guarantor is not included on the Tenancy Agreement, and is given a separate Guarantor Agreement to sign (as I was), the guarantor needs to have sight of/be given the Tenancy Agreement first (I was not given/shown the Tenancy Agreement until I asked for it today, 18 Feb 2022), and directed by the content of this Tenancy Agreement, the Guarantor needs to execute (sign) the Guarantor document as a Deed in the presence of a Witness (your Full Reference Guarantor Form has not done this). For your additional information, a guarantor cannot be forced to pay up in respect of a tenancy agreement he/she has never seen. 

There is no point asking the Landlord in this case so please update your records by removing me as Guarantor for this rental property. 

The tenants have paid up on time for the past 6 months now and proven themselves capable of continuing to do so.

-------------------------------------------------------

Sadly despite their six months proven record paying they’ll probably give the tenants notice

What do you mean by notice? Tell the tenants to leave? Even though they have not defaulted? I didn't actually sign my guarantorship on their Tenancy Agreement.

m33r4

canaldumidi said:

Personally I would not have sent that email. It will likely open a can of worms with the agents/LL claiming you are a guarantor and can't cancel...  Queue long protracted exchange of increasingly irate emails on both sides.....

Had you simply done nothing, nothing would have happened. In the unlikely event in the future of the tenant defaulting, and the agent/LL making a claim against you, then you could dispute your liability as guarantor.

If in the future they defaulted, whilst disputing my liability as a guarantor, would my credit score not be affected? Won't it show I've not paid £???? sum?

dimbo61

You have Never signed a Deed of Guarantor form nor had the form signed by a witness who watched you sign the deed.
They would ask for your address and the witnesses address.
You have guaranteed NOTHING 

canaldumidi

m33r4 said:

canaldumidi said:

Personally I would not have sent that email. It will likely open a can of worms with the agents/LL claiming you are a guarantor and can't cancel...  Queue long protracted exchange of increasingly irate emails on both sides.....

Had you simply done nothing, nothing would have happened. In the unlikely event in the future of the tenant defaulting, and the agent/LL making a claim against you, then you could dispute your liability as guarantor.

If in the future they defaulted, whilst disputing my liability as a guarantor, would my credit score not be affected? Won't it show I've not paid £???? sum?

No.

Your credit record could only be affected if ALL the following took place:

* the tenant defaulted on rent

* the LL claimed the rent arrears from you

* you did not pay

* the LL took you to court

* the court found in the LL's favour and ordered you to pay

* you still refused to pay

Then, and only then, would anything go on your credit file.

[Deleted User]

Perhaps Ive overlooked something? They asked for details to assess you to be a guarantor, but never proceeded with it to execute a deed. Fair enough. You mistakenly presumed that you are a guarantor, hence this topic. And now you have been made aware that you arent a guarantor. What exactly are you asking of the agent? 

canaldumidi

[Deleted User] said:

Perhaps Ive overlooked something? They asked for details to assess you to be a guarantor, but never proceeded with it to execute a deed. Fair enough. You mistakenly presumed that you are a guarantor, hence this topic. And now you have been made aware that you arent a guarantor. What exactly are you asking of the agent? 

That seems to sum it up well.  OP seems to now be asking:

There is no point asking the Landlord in this case so please update your records by removing me as Guarantor for this rental property.

So not only is he opening an unnecessary potential can of worms, and instigating an almost inevitable email dispute, he is also possibly acknowleging that he IS a guarantor but wishes to have that liabilty removed!