Landlords increasingly seek guarantors for well-paid tenants
3 years ago | 14 comments
Am I still a guarantor?
9:13 AM, 31st July 2023, 3 years ago
47
Hi, a bit of of advice needed. I was a guarantor on an AST for 6 months and at the end of the tenancy the tenant was asked by the letting agents to go in to give her a new written tenancy agreement and charged her £50 to sign it.
Am I right in thinking this is a new tenancy and does that mean I’m still guarantor?
I’m confused because as guarantor I’m being asked by the court to pay the arrears, also the judge stated although my guarantee is vague I signed it so therefore I’m liable?
Surely a contract which is vague cannot be enforced?
Thank you,
T
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3 years ago | 1 comments
Guarantor for tenants?
3 years ago | 11 comments
Member Since March 2023 - Comments: 39
9:54 AM, 31st July 2023, About 3 years ago
You need copies of these different tenancy agreements. The annswer will be its either a new agreement or an extension eg another 6 months. Usually, its an extension, which is signed just as you described. Which means you are guarantor.
However I dont know, if the guarantor/you should have been documented again at the time of extension.
Always a chance there was a new contract drawn up, so again, get copies of these documents if this is your defence.
Member Since August 2015 - Comments: 53
9:59 AM, 31st July 2023, About 3 years ago
It depends on what the Guarantor Agreement which you signed says. Does it have a clause like this: “This Guarantee will continue notwithstanding any renewal, extension, or continuation of the Tenancy Agreement, whether fixed term, periodic or statutory periodic.” ?
If it doesn’t say something like that then you may have a chance, and if the Agreement is indeed vague you should be able to give your interpretation/understanding. Although it sounds like the judge has already made his decision, in which case you may only be able to argue about the terms of payment.
Member Since January 2020 - Comments: 559
10:00 AM, 31st July 2023, About 3 years ago
Surely if a judge has ruled you are liable then any vagueness was not relevant to the outcome. Have you had any legal advice?
Member Since October 2022 - Comments: 402
11:06 AM, 31st July 2023, About 3 years ago
We do not have enough information to make any sensibly comment. Did you make any representation to the Court or is it a default judgement would be the first question. As others said it depends on what you agreed to and the exact wording. Only a contract specialist solicitor can help you properly
Member Since January 2020 - Comments: 1102 - Articles: 1
12:03 PM, 31st July 2023, About 3 years ago
You say that you are “being asked by the court to pay the arrears” – if judgement has been entered against you and you believe that you have grounds for appeal you need to act quickly in obtaining proper legal advice.
Member Since May 2022 - Comments: 55
12:08 PM, 31st July 2023, About 3 years ago
Reply to the comment left by David Houghton at 31/07/2023 – 11:06
Sorry no legal representation and I can show you a copy of the guarantor agreement. Thanks for replying
Member Since November 2016 - Comments: 227
12:10 PM, 31st July 2023, About 3 years ago
Bear in mind if the Court has ordered you to pay you will likely end up with a CCJ if you fail to comply.
Member Since May 2022 - Comments: 55
12:15 PM, 31st July 2023, About 3 years ago
Quite a complex case erm ye if possible I could speak to somebody only there quite a lot to this I haven’t put down
Member Since May 2022 - Comments: 55
12:22 PM, 31st July 2023, About 3 years ago
No not trying to avoid paying quite the Opposite landlord is ignoring my calls text etc making a offer to pay but they are choosing to use the agent to talk through very frustrating
Member Since January 2020 - Comments: 559
12:44 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Noseyrosey at 31/07/2023 – 12:22
If the landlord is using an agent, surely he decent thing to do is just talk to the agent; why would you need to talk to the landlord directly?
If I was the landlord an have appointed an agent, talk to my agent. If I’m the agent (I do wear both hats) talk to me, not my client.
It sounds like there’s more to this post than you have revealed.