Guarantor help

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    Guarantor help

    Right i need a bit of help please, i'll try explain as best i can.

    When we (me and my boyfriend) moved into our first flat together, i was under 18 so my wage was not taken into account which meant we needed to have a guarantor.

    The tenancy is in his name but my mum is guarantor.

    If i decided that i want to leave, how would my mum opt out of being guarantor because if i left the house and he did not pay the rent she would be liable. Also if i left and he damaged the house in any way before the one months notice was up and refused to pay for damages would she also be liable for this?

    Also if she pulled out as guarantor would this mean that the tenancy was void and the property would have to be vacated or is it likely that the landlord would just carry on with just his wage (i know he cannot afford to run the place by him self)

    Thanks for the help

    #2
    Assuming this is an AST in England or Wales, you cannot legally be named on the tenancy agreement as a tenant when under the age of 18, so I do not see how your mother could be named as your Guarantor if you were not a tenant at the time the contract was made.

    Did the document your mother signed call itself a Deed {of Guarantee}, or did she simply sign the tenancy agreement, or what? Where does your name appear, if anywhere?

    And does she think she is your Guarantor, or your boyfriend's (given that he is presumably the named T)?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      My name does not appear anywhere on the tenancy and she signed a guarantor form, he signed the tenancy agreement and she is named as guarantor in it.

      She knows she is his guarantor not mine, as i was under 18 so could not have appeared on the tenancy.

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        #4
        Much will hinge on what the Guarantor agreement actually says (about G giving notice). Does it bind your mother indefinitely (which may not be enforceable, in practice) or does it just say until the end of the fixed term of the tenancy? When was/is that, please?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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          #5
          I'm not sure what it says exactly i'll have to dig that out.
          The fixed term ended in December just gone, so we are just rolling monthly now

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            #6
            Originally posted by AJW View Post
            I'm not sure what it says exactly i'll have to dig that out.
            The fixed term ended in December just gone, so we are just rolling monthly now
            In that case your mother may be able to give notice to terminate her guarantorship, as it would be unreasonable - possibly an unfair contractual term - to bind her forever and a day. Your bf could just stay on indefinitely and not pay rent, safe in the knowledge your mum was ultimately liable, in that case, which the law does not usually allow.

            However, in order to advise you we really need to see what the agreement says. If she just tells the LL she's 'not doing it any more', she may end up being sued for any tenancy-related debts your boyfriend runs up regardless. It needs to be on a formal, legal footing.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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              #7
              in my guarantor agreement I acknowledge that the G has the right to terminate once tenancy goes periodic but I also say that this will result in immediate legal notice to quit being given.
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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                #8
                Originally posted by islandgirl View Post
                in my guarantor agreement I acknowledge that the G has the right to terminate once tenancy goes periodic but I also say that this will result in immediate legal notice to quit being given.
                That sounds fairly standard and I get the impression that in the context of OP's situation, your clause would suit her very well; presumably bf's security of tenure is of less concern to her than her mother's potential liability.

                We need to know what OP's mother's G agreement says, though.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                  #9
                  yes I think you are right, it would!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    Originally posted by AJW View Post
                    My name does not appear anywhere on the tenancy and she signed a guarantor form, he signed the tenancy agreement and she is named as guarantor in it.
                    Tell us what it says in the 'form'.

                    Does it say anywhere that your mother is liable for rent/damage beyond the end of the fixed term, or wording to that effect, e.g. for the 'whole tenancy' or something?

                    Does it say anywhere that it's a deed?

                    When your mother signed it, was her signature witnessed? (i.e. did somebody see her do it and also sign the form as a witness)

                    Was your mother given a copy of the tenancy contract to look at before signing the form?

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