Guarantor clause

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    Guarantor clause

    I have tried to research this through the site and apologise if this question has been answered before.

    I have two tenants who both signed a AST for 6 months in October 2010. The deposit for the house was payed by one of the girls parents, girl A.

    The other girl, girl B, initially paid the first months rent then suddenly moved out of the house and has not paid since. We received a text from her stating that her horse was ill and that she would not be moving back into the house.

    Girl A has paid each month but it was her mother that paid for the deposit and as such girl B will not loose out as she did not pay the deposit.

    The AST was only signed by girl A&B and not the guarantor.

    As part of the AST but not actually on the form is the tenants person details section which is a separate form. On this form is the heading Personal reference/Guarantor's details. Girl B's mother signed the section as a guarantor but there is no reference to it being a deed etc.

    My query is can I now use this to go after the guarantor for the unpaid rent.

    #2
    If girl B moved out at the end of the 6 month fixed term, why do you feel she is still responsible?

    Comment


      #3
      Snorkez, I think girl B paid one month's rent and then moved out and did not pay anything else. OP - what you have is not nearly enough to go after girl B's mother. There's not sufficient evidence of a written agreement (guarantees have to be in writing see Statute of Frauds 1677). Your claim would therefore fail.
      Disclaimer:

      The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

      Comment


        #4
        Touch├ę bhaal. Next time I should read the question before answering it.

        Back to the question - OP, is this in England/Wales? Did both tenants have joint & several responsibility? Why are you not pursuing Girl B herself or even Girl A?

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