Am I still a guarantor?

Am I still a guarantor?

9:13 AM, 31st July 2023, About 9 months ago 47

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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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Comments

Tessa Shepperson

7:43 AM, 5th August 2023, About 9 months ago

If the terms of the tenancy have changed, for example, if the rent has gone up or a new tenant has been added, then your guarantee will no longer be enforceable as the tenancy will not be the same tenancy you guaranteed.

Otherwise, the guarantee may still be enforceable, it will depend on the terms of the guarantee document - so you need to check what it says.

I have an article here which explains how it works https://landlordlaw.co.uk/when-are-guarantees-invalid/

Ali Mussani

7:55 AM, 5th August 2023, About 9 months ago

Reply to the comment left by Silver Flier at 31/07/2023 - 09:59I signed as guarantor and was also taken to court because the tenant had arrears, she was witholding rent as the rogue landlord had refused to replace a faulty boiler throughout the winter and she had a disabled child. The landlords barrister was threatening me to pay before we went in because he said he knew I was also a landlord with substantial assets. I called his bluff and told him to check the guarantee I had signed, I had written there "This guarantee is only for a period of this tenancy of 12 months and not any extension to this tenancy or any new tenancy", they backed off and came to an arrangement with the tenant to pay off the arrears over a few months. A couple of years later another agent, a friend of mine, was letting to a mutual friend of ours but said the landlord wanted a guarantor, I did exactly the same. After 12 months the tenancy came up for renewal and he reminded me that the guarantee was ongoing, I pointed out the clause I had put, he also backed down. I am not sure if it would have gone to the Judge what his decision would have been, but my intention was very clear. I think you will have to swallow the pill because appealing will cost a lot of money. .

Judith Wordsworth

11:24 AM, 5th August 2023, About 9 months ago

Reply to the comment left by BRACKS Mead at 31/07/2023 - 09:54
The answer will be on the signed and dated Guarantor Agreement

Judith Wordsworth

11:26 AM, 5th August 2023, About 9 months ago

Reply to the comment left by Tessa Shepperson at 05/08/2023 - 07:43
Depends on the Guarantor Agreement signed.
Mine include renewals and specifically note at the original AST rental or any and all rentalincreases

Judith Wordsworth

11:30 AM, 5th August 2023, About 9 months ago

You read and approved, vague or not, the Guarantor Agreement by signing and dating it, so as the Judge stated it is enforceable.

Janet Brown

9:32 AM, 6th August 2023, About 9 months ago

I would have thought that you had to sign against anything x

Noseyrosey

10:49 AM, 6th August 2023, About 9 months ago

Reply to the comment left by Janet Brown at 06/08/2023 - 09:32
No lovely I thought that but I was sooo wrong I would of liked the agency to av got in touch with me at the start of the rent arreas possibly could of nipped it in the bud not wait till it hit over the 3 thousand mark now with added court cost and only find out when your taken to court !!!! Lesson well and truly learnt never to be a guarantor

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