Letting agent`s resposibility to check out Guarantor

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    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.

    Comment


      #17
      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
      All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

      Comment


        #18
        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.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #19
          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

          Comment


            #20
            Originally posted by mungo View Post
            When the garantor application arrived I wrote that I agreed to 6 months only and signed it.
            Is this incorrect?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #21
              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

              Comment


                #22
                Yes this is correct on the application ,this is what I wrote. her differentThe actual tenancy agreement however is rather different

                Comment


                  #23
                  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.

                  Comment


                    #24
                    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.

                    Comment


                      #25
                      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.

                      Comment


                        #26
                        Originally posted by mariner View Post
                        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.

                        Comment


                          #27
                          Originally posted by mariner View Post
                          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

                          Comment


                            #28
                            Originally posted by Ricco E View Post
                            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.

                            Comment

                            Latest Activity

                            Collapse

                            • Reply to S21 Abolition Query
                              by DoricPixie
                              How will the tenants fight tooth and nail against a rent increase? Either the tenancy agreement says how and when the rent can be increased in the tenancy agreement or once the tenancy becomes periodic you can use a Section 13 notice. The former the tenants have already agreed to so there's nothing...
                              17-05-2022, 06:07 AM
                            • S21 Abolition Query
                              by Sol_1969
                              Hi,

                              Now that it looks like that S21 will be abolished, can anyone hazard a guess what will happen to S21 notices that were issued before the abolition but have not yet been completed?

                              I have tenants who are 12 months through a 24-month contract. I would like to serve a S21...
                              16-05-2022, 10:32 AM
                            • Reply to S21 Abolition Query
                              by Sol_1969
                              Thank you for your responses, a bit of explanation. I bought the house with the tenants in situ and it was part of the agreement on purchase that they get a 24-month contract. They are paying well below the market rate for the area. I want to put the rent up at the end of the 24-month period. But this...
                              17-05-2022, 05:45 AM
                            • Reply to Sleeping joint landlord?
                              by Mrs Mug
                              Who's name is on your tenancy agreement? That is your landlord....
                              17-05-2022, 05:42 AM
                            • Sleeping joint landlord?
                              by casual_reader
                              Person A and Person B, two siblings, are unmortgaged owners of a freehold property as tenants-in-common.

                              Person A has permission from Person B to let the property. The tenants sign an agreement with Person A, to whom they pay rent. Person A also addresses all maintenance issues. The contract...
                              16-05-2022, 06:34 AM
                            • Reply to Advice Needed
                              by Hudson01
                              I am very sorry to hear about the issue, i can add little more to what has already been said above, I am one of those lanldords spoken about in terms of about to sell up........ all that has been pointed out as to why we are all leaving is totally true, it has simply become too much hassle and with...
                              16-05-2022, 20:53 PM
                            • Advice Needed
                              by Confused2022
                              Hello!


                              I an trying to get as much information and advice for someone whom is very vulnerable and has many health problems.

                              The issue is they have lived at a property which they’ve rented now for 2 years just over, never missed a rental payment and never had any issues,...
                              15-05-2022, 15:45 PM
                            • Reply to Invoice for work - am I being unreasonable?
                              by Hudson01
                              I agree with one of the other posts, Company A should have sorted the whole job, it sounds like a 10 mins job with maybe a collar for the pipework being tightened up and then some basthroom sealant ...........you are right.......... just under a ' monkey'' (Arthur Daley speak) for what is a simple pipe...
                              16-05-2022, 18:46 PM
                            • Invoice for work - am I being unreasonable?
                              by Laurasplog
                              We have a London flat managed by an agent (full management service).

                              My husband and I were abroad, and got a call from the council saying the property was leaking sewage into the flat below. We contacted our agent immediately who sent someone around the same day (Company A).

                              ...
                              16-05-2022, 12:58 PM
                            Working...
                            X