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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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Hi there.... I am a guarantor for my daughter for a flat she

Resolved Question:

Hi there.... I am a guarantor for my daughter for a flat she shares with her girlfriend. my daugter has been a victim of domestic violence from her girlfriend and has left the flat. girlfriend also left. my daughter has gone to cambridge ( im in Kent ) have no keys to access the property to remove daughters stuff and clean it up. girlfriend been contacted to remove her stuff but not co-operating. i am liable for the rent and also its not in a fit state for the landlord to show other tenants. advice please ...
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you are liable?
Customer: replied 3 years ago.

Yes I am liable. The girlfriend has not collected her stuff- so can i remove it ? she already has notice to remove it but how much time do i have to give her ? I am liable for the rent until new tenants in but place needs clearing- so what are my rights ? and whats me course of action. i am waiting to speak to the landlord.

Expert:  Jo C. replied 3 years ago.
I presume that you guaranteed the overall agreement for both of them?
And also that your daughter has not given notice?
Customer: replied 3 years ago.

My daughter has given notice. and yes I am guarantor for both of them. her girlfriend has not given notice but has left the property and has no intention of staying there - but her stuff is there. thanks

Customer: replied 3 years ago.

My daughter has given notice. and yes I am guarantor for both of them. her girlfriend has not given notice but has left the property and has no intention of staying there - but her stuff is there. thanks

Expert:  Jo C. replied 3 years ago.
How much notice did she give and in what way please?
Customer: replied 3 years ago.

I have given her a weeks notice. I have txt and phoned as no other way of getting hold of her.

Expert:  Jo C. replied 3 years ago.
Thats bad news I'm afraid.
Is this an AST?
Customer: replied 3 years ago.

what is an AST ?

Expert:  Jo C. replied 3 years ago.
Assured shorthold tenancy.
If so, when does it end?
Customer: replied 3 years ago.

yes i think so. but Landlord says once new tenant interested they will cease the tenancy- but need to clear out Natalie's stuff. and clean up because not a fit state for viewing im afraid

also i keep trying to add my email address but keeps throwing me out

*****@******.***

Expert:  Jo C. replied 3 years ago.
Yes, its an AST.
In that case, it doesn't matter when she gave notice really. It cannot lawfully be ended.
The landlord is under a duty to mitigate his loss by seeking another tenant and he will not get forever to do that but you do need to remove her goods so that it can be available to another tenant.
If she will not clear the goods out herself then you are able to do it but you must take reasonable care of them. What that actually involves depends on the value of the goods. If its just stuff like clothes and furniture then probably one week and a phone call requesting that she collects will be fine. If its expensive jewelry then that is a different matter and much longer would be needed.
If you have to pay out under the guarantee then you do have a claim against both of them for the cost that you suffer.
Can I clarify anything for you?
Jo
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