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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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About three years ago my wife agreed to stand as guarantor

Customer Question

Hi, About three years ago my wife agreed to stand as guarantor for friends who wanted a tenancy agreement. They have since separated and the guy has defaulted on the rent. My wife has received a demand for payment of these arrears. Is there any way she can release herself from this agreement or can he just sit pretty rent free?
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.
No, in short. If she is a guarantor then she is liable.
She can recover by suing the defaulting tenant but she can't escape the guarantee now I'm afraid.
Of course, she would have to sue the wife as well. The husband is not the only person responsible and, in fact, not the only person defaulting.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

can he sit there in perpetuum

Expert:  Jo C. replied 1 year ago.
He can remain for the rest of the contract but she is only liable for the specific AST that she signed.
It won't come to that though. If she has to pay she will sue him for the sum in question and that will focus his mind fast enough.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

Please could you explain what the AST is?

Expert:  Jo C. replied 1 year ago.
Assured shorthold tenancy agreement.