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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Rent guarantee firms ‘are pushing out tenants’
3 years ago | 1 comments
Guarantor for tenants?
3 years ago | 11 comments
Member Since January 2020 - Comments: 1102 - Articles: 1
12:53 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Noseyrosey at 31/07/2023 – 12:22
Now I am totally confused. You started by asking whether the guarantee is enforceable, now you are complaining that your attempts to pay the claimant are being obstructed. If you want to challenge the judgement, why are you trying to pay?
Member Since March 2015 - Comments: 120
2:10 PM, 31st July 2023, About 3 years ago
It’s all a bit vague, but the agent should not be charging the tenant for anything at all
The tenancy didn’t ‘run out’ after 6 months – the fixed term did.
Member Since July 2013 - Comments: 1996 - Articles: 21
2:36 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Silver Flier at 31/07/2023 – 09:59Even if the guarantee says something like:
“This Guarantee will continue notwithstanding any renewal, extension, or continuation of the Tenancy Agreement, whether fixed term, periodic or statutory periodic.”
that does not mean the guarantor remains liable. The wording may well catch a periodic tenancy that continues after the expiry of the fixed term. However, if a new tenancy has been created, the guarantee almost certainly does not cover the new tenancy.
T, you need to get professional advice and the fact that there is a court order against you is unhelpful and it will cost you to appeal? Did you not take legal advice when the claim was made?
Member Since August 2015 - Comments: 53
2:44 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Ian Narbeth at 31/07/2023 – 14:36
Thank you for the clarification.
Member Since May 2022 - Comments: 55
6:22 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Ian Narbeth at 31/07/2023 – 14:36
Hi could I possibly email you? It’s just there is a lot to explain about this
Member Since May 2022 - Comments: 55
6:25 PM, 31st July 2023, About 3 years ago
Reply to the comment left by Nikki Palmer at 31/07/2023 – 14:10
I thought that but on her rent statement it shows the £50 payment and says resign fee we presume it’s because the landlord changed names ? Thanks
Member Since April 2022 - Comments: 31
7:55 PM, 31st July 2023, About 3 years ago
Without the full facts its almost impossible to give anything that will be anything other than generic.
Read the tenancy agreement and get advice on the exact tenancy clause regarding the guarantee. If you have home insurance there is usually a legal help line attached, they will be able to give some advice.
Did you know about the hearing in the first instance as there is a difference between appealing and setting aside a judgement.
What notification did you have of the new tenancy? I would expect the guarantor to cover a tenancy going periodic but signing a “forever” guarantee is likely to be arguable under unfair clauses.
Member Since March 2015 - Comments: 1969 - Articles: 1
11:06 PM, 31st July 2023, About 3 years ago
Is the tenant a relative? A son/daughter/grandchild, perhaps? If they owe rent, you really should pay up (for the guarantor will have been the only reason they were rented to in the first place), rather than trying to get out on a technicality.
It’s disgusting behaviour to now try and walk away leaving a mess (financial ir otherwise) for the owner to pay.
Member Since March 2015 - Comments: 120
7:44 AM, 1st August 2023, About 3 years ago
Reply to the comment left by Noseyrosey at 31/07/2023 – 18:25
That’s still no reason for the tenant to be charged but, that being said, if rent arrears have accrued then perhaps the agents would do the decent thing and reimburse that £50 to the Landlord
Member Since May 2022 - Comments: 55
8:09 AM, 1st August 2023, About 3 years ago
Reply to the comment left by Nikki Palmer at 01/08/2023 – 07:44
Well no deposit protected either but that’s ok obviously they’re ok to ignore the gov thanks for replying