Tenancy Guarantees

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    #16
    1 more thing the actual agreement has a logo in the top right hand corner which states SASSH(Southampton accreditation scheme for student housing)

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      #17
      Not sure if this is actually legal or not as I live in Cornwall not Southampton and I am not a student.

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        #18
        Do you have a question?
        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).

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          #19
          I have posted my question a few replies above.

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            #20
            No, you've outlined a situation and given us a lot of information and asked "what does it mean"?

            That is, technically, a question.
            However, as we don't know if you're a landlord, agent, tenant and guarantor or why you're asking (have you been asked to sign the agreement described, asked to sue someone on the basis of it or just interested having found it in the street), there's no way to answer.
            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).

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              #21
              It is a guarantor agreement that was made by my own mother for the property my partner and I are currently renting.

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                #22
                I give up,
                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).

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                  #23
                  Ok I wanted to know where I stand and my mother stands with the guarantor agreement, there is no witness signature on there and landlord signature. Where do we stand in regards to this ?

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                    #24
                    If the issue is whether it's enforceable, this copy isn't the important one, the one that the landlord has will be the important copy.

                    The most secure form of guarantor agreement is a deed, which would need to say it was a deed and be signed and witnessed.
                    So as this doesn't say it's a deed, its a contract of some kind.

                    Contracts don't have to be in any particular form, so it may well be valid without signatures (and it doesn't have to be witnessed).
                    At some point, someone found that document and decided to use it, and the landlord, presumably on the strength of it, let you rent the property.

                    Until you do something to cause the landlord to pursue the guarantor and the guarantor declines to honour the agreement, it's a bit academic.

                    If this is the only copy, you could simply destroy it and there's no agreement any more.
                    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).

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                      #25
                      Originally posted by jpkeates View Post
                      If this is the only copy, you could simply destroy it and there's no agreement any more.
                      Being pedantic for the sake of it. There'll be no evidence of the agreement anymore, not that there'll be no agreement anymore.
                      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.

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                        #26
                        Originally posted by KTC View Post
                        Being pedantic for the sake of it. There'll be no evidence of the agreement anymore, not that there'll be no agreement anymore.
                        Always appreciate a bit of pedantry - and you're right to point it out.

                        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).

                        Comment


                          #27
                          Hi There, I’ve just been reading your section about tenancy guarantees in particular the paragraph about a periodic tenancy being a new agreement and it not being covered by the guarantee. I am being taken to court as guarantor for more than £25,000! The debt started to accrue more than 3 months after the 6 month AST had ended. Is there a link I can follow about judicial authority?

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                            #28
                            It is not so much a question of judicial authority, but what both the tenancy agreement and guarantee say. If the tenancy agreement is for a fixed term not expressed to continue and the guarantee is expressed to cover the agreement without saying it covers any "renewal extension or replacement tenancy" (or words to like effect) then you only guarantee the rent under the agreement. With other permutations the position may be different.

                            It can start to get involved because even if the documents say or appear to say that the guarantor's obligations continue for as long as the tenant's, the law may step back and want to look at the whole situation. It asks questions such as: Was the guarantor misled? Was the guarantor made aware of the extent of his obligations? Are the terms of the guarantee clear? Etc, etc.

                            If you are being sued for more than £25,000 the advice has to be to instruct a solicitor. However before doing so, if you let us have in full the whole guarantee and the clause in the tenancy agreement whch sets out the length of the term, we can comment so that you have some questions to pose to the solicitor. (Omit any identifying details). Also let have full details of the circumstances in which the guarantee was executed.

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                              #29
                              From a previous thread:

                              Term of Tenancy: 6 months (renewable)

                              Tenant and Guarantor Undertakings:
                              You are required to pay as follows:
                              1. Rent
                              To pay the rent at the times and in the manner whether demanded or not.

                              2. Charges for Services and use of the Property
                              a) To pay all charges in relation to the supply and use of telephone, and to pay gas and electricity during the tenancy and not to cause or permit any such services to be disconnected, altered or removed and to pay for any reinstatement, should this be necessary at the end of the tenancy.
                              b) To pay the council tax and water charges in respect of the property for the duration of the tenancy.
                              c) To pay for the license fee of any television set in the property whether it belongs to the landlord or tenant for the duration of the tenancy.
                              d) To protect the landlord from loss, arising from the tenants failure to comply with the tenants failure to comply with terms a to c above.

                              3. Removal of Goods
                              If the property is incapable of re-letting or beneficial use because the Tenant has left substantial goods in the property, the Tenant will be required to pay a sum equal to the rent until such goods have been removed from the property. The Landlord shall, upon proper notice, be entitled to remove and dispose of any goods left by the Tenant in the property, and to recover the costs of storage and sale from the proceeds, with any balance paid to the tenant.

                              4. Landlord's Costs
                              To pay the Landlord's reasonable costs in respect of any failure by the Tenant to fulfil his undertakings contained in this Agreement and insurance policy, whether for the payment of rent or otherwise including:
                              a) Bank charges incurred by the landlord in relation to cheques, standing orders or direct debits, for the payment of rent not being honoured.
                              b) Any other reasonable costs arising from such failure.

                              I signed the back page of the agreement on 26.8.2011 with no further agreements being signed.
                              That seems to be all of it.

                              I don't think it's actually a guarantor agreement at all, the people signing are both committing to pay the rent, there's no notion of the tenant being liable and, if that liabilty is not met, the guarantor becomes liable.

                              Hopefully, the roles are made clear on the signature page, so it can be established who was signing as what.
                              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).

                              Comment


                                #30
                                That's a bit unusual. If the agreement grants a fixed term not expressed to continue then I do not see how the guarantor can be laible under any statutory periodic tenancy. There may though be some clause in the agreement which purports to provide to the contrary.

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