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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I became a guarantor for my step daughter in march 2010 for

Resolved Question:

I became a guarantor for my step daughter in march 2010 for a fixed term of 6 months The deed of guarantee was signed on the 19th of March by me. I was not notified by the Landlord of periodic tenancy following the 6 months for my continued agreement. The property had rising damp and grew black mould throughout as no airbricks existed in the structure. This was continually reported to the agency by my stepdaughter.She became divorced and has since remarried, so requested a change of tenancy agreement. Recently she became very ill and was hospitalised with severe chest infection possibly due to mould spores. She remarried and expects a baby on the 18th of May. Accordingly she visited the agency and verbally gave 5 weeks notice of moving out on health grounds. At the same visit she  obtained a tenancy reference . Because she did not provide written notice I have received a precourt action notice for £1425 and a copy  of Guarantee dated 22nd March 2010 was sent with a highlighted clause dated 22nd March   ". . . includes any statutory periodic tenancy after the fixed term expires. A copy of Tenancy Agreement has been provided to the Guarantor, receipt of which is acknowledged". I have not received any copy even though my signature is on this form and never was the periodic tenancy and its implications discussed. My stepdaughter has a changed tenancy agreement so am I liable for the costs that the agency is demanding from me? Babs

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Were you ever released from the guarantee please?
Customer:

I understood that I was guarantor for the 6 months, and was not notified by the letting agency of any change . I was informed by the tenant on her marriage that she had notified the letting agency and changed her tenancy agreement which is in her different name, I only found out that the company were holdin me as guarantor after the tenant moved.

Customer:

B

Alex Watts :

Its bad news I am afraid.

Alex Watts :

A periodic tenancy is when the minimum period ends and it rolls onto a monthly contract

Alex Watts :

Unless you were released as guarantor then sadly you are bound until the tenancy ends or you are released

Alex Watts :

This sadly means you are liable for any arrears even under a periodic tenancy

Alex Watts :

I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank for your honest response, Am I able to contest the sum that the agency is trying to claim eg the conditions of the property from black mould and damp as I could arrange my husband ( who is a decorator) to have the decorating done but that does not stop the mould as this is a structural problem. I was not offered the opportunity to offset the costs.

Alex Watts : You can try. But sadly that is the responsibility of the tenant. This is a contract between the landlord and tenant. You are only there to back up payment, rather than get quotes for work etc.
Alex Watts : Can I clarify anything else?
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