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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My Son may be sentenced to a prison sentence. I stand guarantor

Resolved Question:

My Son may be sentenced to a prison sentence. I stand guarantor for a flat he recently rented. If he does go to prison what is my position with regards ***** ***** rent on the flat. Will he have to terminate the tenancy agreement or will I be able to as Guarantor?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is this an AST?
Customer: replied 2 years ago.

What is an AST?

Customer: replied 2 years ago.

Just checked it is an Assured Tenancy Agreement

Expert:  Jo C. replied 2 years ago.
Thanks.
Do you know when it would end?
Customer: replied 2 years ago.

July 2015

Expert:  Jo C. replied 2 years ago.
Thanks.
I see your difficulty. The simple answer is that only a tenant can give notice upon an AST. Ultimately, he cannot lawfully give notice anyway because the agreements is not due to end until 2015. However, if he does give notice then the landlord will be under a duty to mitigate his loss by seeking a replacement tenant and he will not get forever to achieve that so realistically, if your son gives notice, liability would only last for one to two months.
You cannot give notice on his behalf. What you can do though is tell the landlord of his difficulties in writing and then you will be in a position where you could argue that the landlord was fixed with notice of his abandonment of the property so time begins to run from then.
Your son should give notice. If he will not though then you can inform the landlord and argue at court if you are sued that the principle of abandonment applies.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

That's fine thanks

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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