Guarantor

[Yiota tsigena]

Hi I have find out that the document I have signed for a friend three years ago as a guarantor is still in valid. I was stupid enough not to read the small letters while stated I will carry on be one for the duration of the tenancy. Last week I received an email saying I will need to pay some money for the person I guaranteed for. Unfortunately we are not in contact anymore so I am unable to speak to her. I find out from the real estate she paid the money she owned. However I be be trying for the last week to convince the agency that I don't meet the criteria to be the guarantor anymore and I want to be taken out of the contract but they don't listen to me. I am desperate I don't know what to do please please If any can help me I will be grateful

[jaguarsuk]

Re: Guarantor

If you signed to say you will be a guarantor for the duration of the tenancy then you are until the tenancy ends.

Now, letting agents are slimy money driven weasels (in my own opinion) and I can't imagine that during the length of three years they haven't renewed the tenancy agreement and made a fee out of your former friend. As guarantor originally you will have had to sign the tenancy agreement, therefore you need to get a copy of it and you are entitled to do this under Section 7 of the Data Protection Act 1998 if they try to argue.

Once you have the agreement you need to see what the length of the tenancy was and whether the document gives provision for at the end of the tenancy it to continue to be a rolling agreement.

If it doesn't have provision to be a rolling agreement, then your liability ended at the end of the term of the agreement. And if your friend entered into a new agreement with them, that is a new tenancy and nothing to do with you.

[Crazy council]

Re: Guarantor

If you signed to say you will be a guarantor for the duration of the tenancy then you are until the tenancy ends.

Now, letting agents are slimy money driven weasels (in my own opinion) and I can't imagine that during the length of three years they haven't renewed the tenancy agreement and made a fee out of your former friend. As guarantor originally you will have had to sign the tenancy agreement, therefore you need to get a copy of it and you are entitled to do this under Section 7 of the Data Protection Act 1998 if they try to argue.

Once you have the agreement you need to see what the length of the tenancy was and whether the document gives provision for at the end of the tenancy it to continue to be a rolling agreement.

If it doesn't have provision to be a rolling agreement, then your liability ended at the end of the term of the agreement. And if your friend entered into a new agreement with them, that is a new tenancy and nothing to do with you.

The above, very good advice, could do with a copy of the garuntee forms you signed ( redacted of names and addresses ). A lot will depend on the wording of that document

[Diana M]

Re: Guarantor

As guarantor originally you will have had to sign the tenancy agreement, therefore you need to get a copy of it and you are entitled to do this under Section 7 of the Data Protection Act 1998 if they try to argue.

A guarantor does not sign the tenancy agreement.

They are not party to the tenancy agreement they are only guaranteeing/liable to pay if the Tenant doesn't pay the rent and usually any other costs due to breaches of the AST (such as damage to the property).

This will depend on the terms of the guarantee.

Di

[Diana M]

Re: Guarantor

Last week I received an email saying I will need to pay some money for the person I guaranteed for.

Does the email say what money is owed and why? Is it unpaid rent or damage to the property etc.?

Why are they asking for this money now? Does this mean the Tenant no longer lives at the property so the tenancy agreement may have officially ended (unless they did a runner).

Do you know if the agent or the Landlord took a deposit at the start of the tenancy and would it be enough to cover what is owed (if it's owed).

You refer to "real estate" agent so is this property in the UK?

Here's some information on tenant guarantees to help you understand the situation (it refers to student housing but it's the same for all guarantors)> https://www.citizensadvice.org.uk/ho...g-a-guarantor/

Di