Does Breach of tenancy alter position of gaurantor?

[Gymblobby]

If tenant breaks tenancy agreement is gaurantor agreement still valid?

Tenant signed as a single occupant but I've been informed that they have a live in parter. If this is proved to be true is the gaurantor still valid?

[Diana M]

Re: Does Breach of tenancy alter position of gaurantor?

If tenant breaks tenancy agreement is gaurantor agreement still valid?

Tenant signed as a single occupant but I've been informed that they have a live in parter. If this is proved to be true is the gaurantor still valid?

That would depend on the terms of the guarantee.

Most cover non-payment of rent and financial loss due to damage to the property (not necessarily an extra occupant).

What does yours say?

I would expect the rent guarantor is only guaranteeing rent and financial misdemeanours caused by the Tenant named on the tenancy agreement and on the guarantee.

Does the live-in partner cause you a problem?

Di

[R0b]

Re: Does Breach of tenancy alter position of gaurantor?

Just to add, it is not uncommon for tenancy agreements to restrict occupants from having any person who pays to live there without permission e.g. sublet or lodger. However I don't think it is common for it to extend to live-in partners as that could be an unfair clause.

You would need to prove for instance that the live-in partner is paying the tenant to live there for there to be a breach of the terms (assuming the terms are standard ones). The tenant could simply say that the live in partner is not a paying person or even if they were, they're providing the tenant with a loan of sum of money each month as opposed to paying to live there (odd but I've heard it argued before).

If however, the terms are breached then that could potentially give rise to a termination of the contract, which in turn could accelerate the tenancy payments for the remainder of the contract. If the tenant didn't pay in full, then you could go after the guarantor.

Be careful though when terminating as it could have consequences on you if you wrongfully terminate the agreement.