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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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Can a guarantee still stand after deposit handed back

Customer Question

Can a guarantee still stand after deposit handed back
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Daughter had private rental property. I was guarantee. Landlord handed deposit back after a year. He asked daughter to leave 18 months later as he wanted to sell flat and I said no longer standing guarantee. He was not present when leaving property to hand keys back. And now demanding money for costs. I have since moved after tenency has ended and have no job . How do I stand
Expert:  Jo C. replied 2 years ago.
How long was the tenancy that you guaranteed please?
Customer: replied 2 years ago.
The personal guarantee letter states... This letter is to agree that I am giving to you " ***** ***** peppitt" - the landlord an unconditional and irrevocable guarantee in respect of 1 months rent based on monthly figure of £800.00 (12 months)
Expert:  Jo C. replied 2 years ago.
And surely this period exceeds 12 months?
Customer: replied 2 years ago.
She moved in 4th November 12 moved out 8th august 2014.
Expert:  Jo C. replied 2 years ago.
Thanks.
Do you know what the costs relate to ?
Were they within the 12 months or without?
Customer: replied 2 years ago.
The contract reads.. Rio and Martin date to be decided. Should fail to make one advance rental payment on the agreed due date. I agree to make the payment of 800.00 within 3 working days of notification at which time I understand that one months notice will be served on the above tenants to vacate the property in the agreed condition as determined within the short hold tenancy agreement and inventory and if the property is left within this notice period in the agreed cognition a balance for remaining rental period will be re paid.
As to your question there is a areas on rent side which was for this year. The charges is for silly moving out cost. Eg decorating changing top of tap cleaning carpets ect......
Expert:  Jo C. replied 2 years ago.
You are only bound by your guarantee for the term that you guaranteed.
If you only guaranteed for 12 months then you are only liable for any arrears or damages arising from that period.
Clearly the arrears do not.
The moving out costs do not.
If the issue is just plain cleaning then that does not relate to the 12 months period. If there are damaged items then they may relate to that period. That would significantly reduce your liability though.
In principle though, a claim can be brought following the return of the deposit.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So was I just guarantee for just 12 months as written with that paragraph.
Expert:  Jo C. replied 2 years ago.
Yes, unless you signed anything else. That is clearly what the contract says.
Customer: replied 2 years ago.
All I have signed is receiving my deposit back on the 8th November 2013. So he can't case me for anything that happened in the period 8/11/13. To 4/08/14
Expert:  Jo C. replied 2 years ago.
Not if that is the document that you signed.