Letting agent`s resposibility to check out Guarantor

[mungo]

Sorry not quite sure which part, but, under the title on the first page ` The Tenant`states both of their names.
Under the title of `Term` it states If on the coming to the end of the fixed term above,the Landlord does not seek possession and the Tenant remains in the property,they will be considered , by virtue of section5 of the Housing Act 1988,tohave a statutory periodic Tenancy, This will continuetill ended by either party.

Does this mean that if she gives proper notice that that tenabcy is finished or does he also have to give notice? many thanks

Dont think I have answeed your question! The guarantee part is a paragraph at the end of the agreement It simply states `Tenant`where required , and has their two signatures , one of the witness and mine.

[MSaxp]

The question is about what are the responsibilities of the guarantor according to the tenancy agreement. There must be a paragraph on that. Otherwise you can have a dotted line that says prime minister, but that doesnt mean you can assume what that entails

[thesaint]

You said that you was sent a Guarantor application, and you signed it for 6 months.

Did you make a copy of it. If not, go to the agents office(do not phone beforehand) and request a copy.
Write or scan(remove names, inc agency)from it so we can see what it says word-for-word.

The tenancy will not finish as easy as you wish it to finish.
If they have both moved out of the property by the end of the fixed term, then the tenancy ends.

If either of them are still there, then the tenancy continues. Either of them can then give notice to end the tenancy.
If you only stood guarantor for a maximum of six months, then that's where your liability ends, but not your daughters.

[mungo]

Ok here we go
in consideration for the landlord granting the tenant a tenancy of the property, the guarantor agrees to pay thelandlord and the landlords agent for any reasonable losses suffered as the result of the tenant failing to fulfill any of his obligations under this agreementor failing to pay rents or other monies lawfully due.

2. the guarantor agrees to pay on demand and in full any overdue rent or other monies lawfully due under this agreement for the full term and until vacant possession is given to the landlord.

3. the guarantor agrees to make payments lawfully due under clase 8.1 or 8.2 even after the tenant has returned possession of the property to the landlord
then there is a paragraph about if this is a distance contract then one concerning the deposit protection. Hope this is clear thank you

[thesaint]

When the garantor application arrived I wrote that I agreed to 6 months only and signed it.

Is this incorrect?

[mungo]

Hi I did make a copy when I signed it as I was so adamant about it being for 6 months only and I wrote on it myself , `this is for 6 months only and signed that statement. I had rang the agent as soon as I received the guarantor proposal to clarify how long the tenancy was for ,and they told me my worst case scenario would be 4 months, as there was a 2 month deposit paid. When I quieried this with them after my daughter had split from her boyfriend, they said they had rung me to say that it could roll over and be longer. I know with absolute certainty that this did not happen, if it had I would not have agreed.
Just to clarify your reply ,the final paragraph. Can he just carry the tenancy on even though she has left it and for how long and am I still liable.thank you

[mungo]

Yes this is correct on the application ,this is what I wrote. her differentThe actual tenancy agreement however is rather different

[mariner]

Mungo, you can't unilaterally add an amendment to a Contract, other Party has to consent, usually by initialling to amendment.
Yes he can continue dau's Tenancy until it is legally terminated.
AST 'Tenant' is a single legal entity comproprising ALL joint Ts. Your dau has left, without serving valid NTQ, other joint T is still the Tenant for AST purposes. You freely signed as Guarantor for 'The Tenant' ie both joint Ts,pres in this case both sharing a bed.

[Ricco E]

I'm not too experienced but having read this tale of woe this is what I'd do:

Go into the letting agent and fully explain the case. Stress the fact that the remaining tenant is unstable and (although you don't know this) highly unlikely to pay the rent. Mentioning guns etc. would probably do no harm. Suggest that in your opinion the landlord could best protect his/her interests by serving a notice to terminate the tenancy after 6 month. S21 I believe, a reason doesn't have to be given. I'd go easy on the fact that you're the guarantor. If you overstress this, the LA will see this as the reason for your argument, rather than the risk to the landlord of having a gun-wielding maniac in the house.

Good luck if you try this, I hope it works out for you.

[Ricco E]

Furthermore, I'd consider pointing out that because you're on benefits, if any liability fell on you would be impossible for you to meet. So, Landlord might have to face you paying £10 a week out of your benefits while the tenancy continues... It's not going to happen. If my LA presented me with such a case I'd instruct them to issue S21 without delay.

And remember, the fact that your a guarantor without means might be a bad thing for the LA, they are likely to be more than willing to pursuade the landlord that ending the tenancy is best for all parties. Remember, it's a fairly bouyant market, new tenants, rarely gun users, are not too thin on the ground.

[jjlandlord]

Mungo, you can't unilaterally add an amendment to a Contract, other Party has to consent, usually by initialling to amendment.

True, but it works both ways and means that OP did not agree to the original document, but only to its amended version.

[mungo]

Mungo, you can't unilaterally add an amendment to a Contract, other Party has to consent, usually by initialling to amendment.
Yes he can continue dau's Tenancy until it is legally terminated.
AST 'Tenant' is a single legal entity comproprising ALL joint Ts. Your dau has left, without serving valid NTQ, other joint T is still the Tenant for AST purposes. You freely signed as Guarantor for 'The Tenant' ie both joint Ts,pres in this case both sharing a bed.

Thank you for your reply, the document to which I added my ammendment was the Application for Guarantor, and it stated that in no way was it a guarantee of the tenancy being accepted until all checks had been carried out. thank you

[mungo]

Furthermore, I'd consider pointing out that because you're on benefits, if any liability fell on you would be impossible for you to meet. So, Landlord might have to face you paying £10 a week out of your benefits while the tenancy continues... It's not going to happen. If my LA presented me with such a case I'd instruct them to issue S21 without delay.

And remember, the fact that your a guarantor without means might be a bad thing for the LA, they are likely to be more than willing to pursuade the landlord that ending the tenancy is best for all parties. Remember, it's a fairly bouyant market, new tenants, rarely gun users, are not too thin on the ground.

Thanks so much for your help it is starting to clarify , I know that I must face my responsibility, I am trying to find out if I can limit the damage, apart from my Daughter`s safety my greatest fear is losing my home.