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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience:  Over 5 years in practice
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I have been asked to stand as guarantor on a fixed term tenancy

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I have been asked to stand as guarantor on a fixed term tenancy agreement that has been signed by my daughter for one year. She has been given the keys and they have taken the deposit and first months rent. They sent me the guarantor paperwork to sign, witness and return to them the night before my daughter was collecting the keys, saying if the paperwork wasn't signed it might affect her tenancy. I removed a word from one of the clauses as I was not happy about it, it read:
'...This agreement will remain in enforceable against the guarantor throughout the tenant's occupancy of the property and will not be restricted to the fixed term specified within the tenancy agreement...'
I took out the word 'not' as I felt it was unreasonable to expect me to stand as guarantor for an indefinite period. I have said if the tenancy is renewed I will be happy to consider standing as Guarantor for an additional period of time, at that time.
The agent is being very unhelpful and insists that I resign the agreement and have said 'if the tenant and landlord decide to extend the tenancy, we would need to know that the tenant has a guarantor. If you don't wish to be the guarantor after the fixed term of 12 months the tenant would need to find a new guarantor and provided the landlord is in agreement to it they can be referenced and used'
As they have already handed over the keys and my Daughter is now into the first week of her tenancy what will happen if to her if I will not agree to sign up to this term?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
If you don't sign the guarantor contract then they will not accept you as a guarantor.
If she cannot find another one then they will say her tenancy does not comply with terms and seek to evict her which will succeed and she will be liable for their costs.
I'm very sorry but that is your position.
It might well be that their terms are not enforceable anyway in law but they are the ones they demand and without a guarantor they are entitled to seek eviction.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

I have signed the contract but made an amendment to the wording, so ,for clarity, even though I have signed the contract because I have made an amendment, that they are unwilling to accept, this is them not accepting me as a suitable guarantor?

Expert:  Jo C. replied 1 year ago.
Making an amendment is failing to accept the contract.
There is no guarantor.
They are free to refuse to accept the offer that you make as it is not acceptable to them.
Jo C., Barrister
Category: Law
Satisfied Customers: 69541
Experience: Over 5 years in practice
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