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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34133
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Good AfternoonI'm not sure if it is Family Law or Property

Resolved Question:

Good Afternoon
I'm not sure if it is Family Law or Property Law that I need - but hopefully you can help.
I contacted you in December 2014 re my niece who was in an abusive relationship with her partner.
She is now - with the help of Social Services and a Womens Aid group - leaving her home with her youngest son next Saturday to go into bed and breakfast until they can be re-housed.
In March 2007 they asked me to be a guarantor so that they could rent from a private landlord - with the aid of housing benefit - making up the rest of the rent themselves. This - to my knowledge - has always been paid and they have never been in arrears.
When I contacted you previously I was told that if my niece were to leave then she should give notice to the landlord to end the tenancy and it would then be up to her partner to negotiate a new one with a new guarantor - thus, presumably releasing me from my obligations.
My problem is that - because she has to leave in a hurry - she will not be able to give notice until she has actually gone.
Where does this leave me for that notice month - and will I have to write to the Landlord to end my guarantor agreement.
I notice that the original tenancy agreement states:- A term certain of six months from the commencement date. Does this mean I was only liable for that period - or is that wishful thinking?
I would appreciate your help in this matter
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Your niece can and must give Notice after she has left, but you remain as a Guarantor until the Tenancy ends I am afraid
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hello Clare

You are the lady that answered the question I asked in December.

On that occasion you told me that once she had given notice to say she had /was leaving then it would be up to her partner to negotiate a new tenancy with a new guarantor - so I am I right in thinking that the tenancy will be ended once one month has passed after her giving notice? I most certainly do not want to be a guarantor for her partner.

Also - do I have to write to the Landlord to confirm end of guarantor status - and where did the 'Term certain of six months' come into it.

When I contacted the agent in the beginning re terms of guarantor I told them that I would soon be retiring and would not be able to afford anything once I had retired and she told both me and my niece (on a separate occasion) not to worry and that it was only so that they could get rent the house - so should I only have been guarantor for the first 6 months? I am a bit confused.

Expert:  Clare replied 2 years ago.
Hi
Yes that is correct.
You should also write to the Landlord and point out that so far as you are concerned your guarantee will end when the current Tenancy ends
Since the six month period ended the tenancy has continued on a rolling basis - and you have remained the guarantor throughout
Clare
Customer: replied 2 years ago.

Thank you for your answer - it has been most helpful.

I have just one more question to be confirmed.

Do you mean that the tenancy will end once my niece has gone and the one month notice period has gone - or do you mean that it will end at the end of the rolling 6 month period?

Expert:  Clare replied 2 years ago.
Hi
Your niece will give Notice to end the tenancy
At the end of the NOTICE period if her ex remains there and the landlord still claims the rent then that is a new contract between them, not covered by the guarantee
Clare
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