Agent won’t chase deceased Guarantor in Joint and Several Contract?Make Text Bigger
Basically I’m in a student house in Leeds, trapped in a joint and several contract with one house mate paying the first months rent (back in august) and then refusing to move in, we have not been able to fill his room so are now stuck with his rent. The letting agency refused to chase his guarantor as she died last summer and considered it a “sensitive” issue, they have since finally received the death certificate for his guarantor last week.
A clause in their guarantor contract states that the guarantor will not be released from the contract even if they are deceased, so I would argue that the letting agency chase this money through the guarantors estates, and not the 5 remaining people in the house, who have paid their rent on time every month! However, they have refused to do this and have decided to take us to court, is there any way that we could argue a case in court that the letting agency should be chasing this debt through their own clause in the guarantor contracts?
Any advice would be welcome.
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