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Rent guarantor from four years ago

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  • Rent guarantor from four years ago

    In 2014 I stood as a guarantor for my son and his then girlfriend in order for them to rent a house due to their financial and work position at that time. My son had just started a new job on minimum wage and his girlfriend was also on minimum wage and both had debts. Everything was ok for about eleven months and then they split up acrimoniously. At that time i wrote to the letting agents explaining that due to the it being eleven months later and the fact that a new lease would have been signed as my son was no longer living there i would not wish to be held as guarantor any longer. Fast forward to today and I receive a phone call from the letting agents to say that his ex girlfriend has not paid the rent for a few months and they are sending some paperwork to me as guarantor presumably to want payment for rent and to get her evicted. I was under the impression that as I stood guarantor for a lease naming both her and my son which was an initial lease of six months, but for the last three years my son has not had anything to do with the property and a new lease must have been taken out after the initial six months then surely the guarantor situation lapsed with the expiration of the initial six month lease? Any advise as to where I stand would be appreciated.
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  • #2
    Originally posted by visionary View Post
    In 2014 I stood as a guarantor for my son and his then girlfriend in order for them to rent a house due to their financial and work position at that time. My son had just started a new job on minimum wage and his girlfriend was also on minimum wage and both had debts. Everything was ok for about eleven months and then they split up acrimoniously. At that time i wrote to the letting agents explaining that due to the it being eleven months later and the fact that a new lease would have been signed as my son was no longer living there i would not wish to be held as guarantor any longer. Fast forward to today and I receive a phone call from the letting agents to say that his ex girlfriend has not paid the rent for a few months and they are sending some paperwork to me as guarantor presumably to want payment for rent and to get her evicted. I was under the impression that as I stood guarantor for a lease naming both her and my son which was an initial lease of six months, but for the last three years my son has not had anything to do with the property and a new lease must have been taken out after the initial six months then surely the guarantor situation lapsed with the expiration of the initial six month lease? Any advise as to where I stand would be appreciated.
    Do you have a copy of the guarantee?
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

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    • #3
      Should be some parts in your agreement similar to these
      6. If the tenancy is for a fixed term, then this guarantee applies for the whole of the term and is not revocable during that term.
      7. If the tenancy is periodic or has become periodic by agreement or the operation of law, then this guarantee may be terminated by written notice by the Guarantor subject to the Tenant vacating at the earliest legally permissible date required for possession. If the Tenant fails to vacate on this earliest date then the guarantee shall continue until the Tenant vacates.
      So you will also need a copy of the tenancy agreement ( which you should have been given a copy of when signing as a guarantor ) which should state the term.
      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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      Comment


      • #4
        "a new lease would have been signed as my son was no longer living there" - do you know what steps were taken by your son to end the tenancy?

        Comment


        • #5
          Originally posted by pt2537 View Post

          Do you have a copy of the guarantee?
          I thought I had a copy on the laptop but can't find it now. I may still have a paper copy, I will search for that over the weekend.

          Comment


          • #6
            Originally posted by 2222 View Post
            "a new lease would have been signed as my son was no longer living there" - do you know what steps were taken by your son to end the tenancy?
            Not sure that he did anything to end the tenancy, he moved out and thought his ex was then responsible for it. Surely she must have changed it into her name only after the six months was up otherwise the letting agents would have been chasing my son as well as her if they thought he was still on the lease? Not heard anything for the last four years and assumed that it was an end to it.

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            • #7
              Well searched high and low at the weekend but can't find any paperwork for this. Guess I will just wait until I hear from the letting agents via the post and see what exactly they are saying and then if necessary get a copy of the paperwork from them. He did say he was sending me a letter which so far has not arrived. i presume I could get this by a GDPR request?

              Comment


              • #8
                Have you checked your emails, some letting agents send the docs by email for esigning… otherwise it sounds like it is a case of waiting to see what the letting agent does have to say.

                You could write to them under DPA/GDPR yes and ask for all info they hold on you to include any agreements etc. That would take 30 days to be responded to - example -> Subject Access Request Letter
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment

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