A guarantor is responsible for the rent and ALL the responsibilities of the tenant?

A guarantor is responsible for the rent and ALL the responsibilities of the tenant?

9:32 AM, 10th March 2022, About 3 months ago 2

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Having now given a tenant over 5 months’ written notice to vacate with a section 21 via a professional serving company, the time will be arriving next month for her to vacate. I doubt very much she will leave as the local rental market does not have many properties that would accommodate her.

Will it be considered a breach of her agreement if for some reason she remains in the property? And does not move out on the due date?

The reason I ask, the tenant provided a property owning guarantor, her father. A very nice gentleman who has entered into a deed of guarantee to cover all financial losses incurred should his daughter breach our agreement. The wording in the ‘deed of guarantee’ clearly states……..

If the Tenant shall default in the performance and observance of any of the provisions or terms on the Tenant’s part contained or implied in the Agreement I/We will on demand pay you all losses damages expenses and costs which you may be entitled to recover by reason of such default. My/our liability under this Clause is unlimited.

The wording in the lease agreement states:

(4) To pay to the Landlord all costs and expenses (including, VAT) incurred by the Landlord (including, but not limited to, the costs and fees of the Landlords solicitors and other professional advisers) in respect of:

(a) the recovery from the Tenant of the rent or any other monies due from him;
(b) the enforcement of any of the provisions of this Agreement; and
(c) the service of any notice relating to the breach by the Tenant of any of the Tenant’s
obligations under this Agreement.
(d) In the preparation and service of a schedule of dilapidation during or after the tenancy.

Gill



Comments

by Blodwyn

16:51 PM, 10th March 2022, About 3 months ago

Did you buy a preprinted form Agreement or was it drawn up for you by a solicitor or letting agent? If the latter, they ought to have explained the strength of that guarantee.
Either way, I was told by a large property manager that sons and daughters will seldom dare to cross dad in such a matter, so you may be lucky! You may wish to remind tenant of the guarantee if you need to write a hurry-up?

by Graham Bowcock

17:20 PM, 10th March 2022, About 3 months ago

I've never come across any landlord successfully charging such costs, irrespective of what the tenancy agreement says.

Legally the tenant can stay until you have a Court Order and the bailiff turns up.

My experience of guarantors is that they take the side of their nearest and dearest.

However, as Blodwyn says, no harm in raising the issue of potential extra costs with the guarantor as it may assist in a quicker vacation.


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