Tenancy Guarantees

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    #46
    I think you need to say to the solicitor: The agreement is for six months. I am right that I can't be responsible for any rent payable after the initial term expired, aren't I?

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      #47
      Hi,
      I’m new to all this, but have registered for some advice on guarantors.
      I have a tenant who signed a 12 month tenancy and their guarantor signed the form to be his guarantor,but the initial tenancy has expired now and the tenant has now signed a new tenancy agreement but what I want to know is...does the guarantor automatically roll over or do they need to resign a new form? The tenancy agreement hasn’t changed in any way.

      Thsnks

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        #48
        If the guarantee is drafted to refer only to the first tenancy then that is all it covers. Some guarantees purport to include future tenancies, but their vaildity is doubtful. If you let us know the wording of the guarantee we can offer an opinion.

        If the second tenancy has already been granted you cannot insist on a guarantee if the old guarantee has indeed expired.

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          #49
          It depends on what the guarantor form says.
          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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            #50
            Originally posted by Lawcruncher View Post
            The drafting is very amateurish. The agreement does not actually say as such that a tenancy is agreed, though that obviously has to be implied.

            Anyway, the key point is surely that the agreement is for six months and that the guarantor's liability (if there ever was any) does not extent to cover the statutory periodic tenancy.
            My solicitor is of the same opinion

            1) There never was a guarantee
            2) If there was it only covered the initial 6 months
            3) It is time barred

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              #51
              Originally posted by Little Swimmer View Post

              My solicitor is of the same opinion

              1) There never was a guarantee
              2) If there was it only covered the initial 6 months
              3) It is time barred
              I like your solicitor!

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                #52
                Time barred!
                I like that idea.

                Great to know, thanks for letting us know.
                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


                  #53
                  Originally posted by Little Swimmer View Post

                  My solicitor is of the same opinion

                  1) There never was a guarantee
                  2) If there was it only covered the initial 6 months
                  3) It is time barred
                  Also added to this are implied terms, unfair terms and failing to mitigate loss
                  The total cost to go to trial is more than £17,000 per side and £2,000 court costs. The total costs are £10,000 more than the original debt.

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