Guarantor refusing to pay when guarantor of a joint tenancy

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    Guarantor refusing to pay when guarantor of a joint tenancy

    Key facts:
    - Joint tenancy with joint and several liability
    - student letting - all tenants are poor!
    - all tenants have their own guarantors
    - guarantor agreement states explicitly that guarantors are liable ONLY for their tenant's arrears, NOT those of other tenants

    One tenants has moved out and is refusing to pay, following extensive personal disagreements. She wishes to find a stranger to fill her tenancy. We do not want to live with a stranger simply to save her from paying her rent. Her guarantor has threatened to:
    - withhold rent; and
    - commence court proceedings

    Ideally, we would find a friend (not a stranger) to fill her tenancy (unlikely). If not, what is our legal position? Who will the landlord go after: the defaulting tenant, her guarantor, or the rest of the tenants? Any advice appreciated with regards to legal or strategic position. Thank you

    Are you all on the same tenancy agreement or each T has their own tenancy?


      I'm not going to repeat what I wrote in response to you on another site but.....

      Originally posted by Aloha!
      it is a joint tenancy which we all signed seperately.
      Joint tenancy mean one tenancy, you're all parties as joint tenant to. If that's the case, why would you have signed seperately?
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.


        You might find this useful:


          Unless the tenancy agreement is odd, the landlord can seek the missing rent from you (the tenants), the missing tenant/guarantor or all of you.

          I am not sure what legal proceedings the guarantor is proposing.

          I'd tell the landlord as soon as you can, it won't change what they do, but at least you'll know what's going to happen.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


            What does the tenancy agreement say about paying the rent?

            Does it require "the tenant" to pay the rent, or does it require each named person that makes up the tenant to pay a proportion of the rent?

            I'm not sure if it is possible for one of the joint tenants to assign their interests and liabilities to another person without the agreement of the other tenants (and possibly the landlord).

            As a landlord I would go where the money is, and that appears to be the guarantors.
            If the guarantor agreement limits the guarantor to the proportion of rent notionally payable by one person and not paid, then that would appear to be the guarantor of the defaulting tenant.


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