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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am guarantor daughter as tenant in a house rented

Customer Question

I am guarantor for my daughter as tenant in a house rented through Morris Dibben, since Feb 2015. In June, her co-tenant left owing rent. We agreed, through MD that I would continue to pay his half of the rent until Feb 2016 when the contract would be renewed. I was to pay the full £900, my daughter transferring her half to me each month.
My daughter has a mental health condition which kicked off big-time such that she stopped paying me her half. Since September I have been paying £900 a month to keep my daughter in the property and she is not communicating with me at all.
I contacted MD in November to ask them about the renewal of the contract and they said it didn't have to be renewed which meant I could keep paying forever. I told them i could not pay after 1st Feb and they contacted the landlord with a notice to quit which was difficult to deliver as my daughter had changed the locks and wasn't opening the door to anyone.
In Feb I spoke to MD again and they said they would issue an eviction notice. My daughter is due to appear in court to contest if she so wishes on March 15th.
I am out of money; I am close to retirement but will have to keep working another 2 years to make up the money I have lost and I can't see when I will stop paying. MD have told me I am liable for the court costs and will still have to pay rent even after the notice to quit was served. I will also have to pay for damage done to the property. I am sick with worry and have been ill for several months with anxiety and panic attacks.
Is there anything I can do to get out of paying further rent? I really believed that it would stop in Feb and a new contract would have to be issued because MD said that they could not keep a contract going with only one tenant.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
I want to stop paying £900 per month. Is there any way I can get out of paying.
Expert:  Ash replied 1 year ago.
Has notice been given not to renew?
Customer: replied 1 year ago.
Notice to quit was raised in November for the end of January.
Customer: replied 1 year ago.
When does the guarantor's obligation end?
Customer: replied 1 year ago.
I thought this was when the contract ended, ie the notice to quit, but the estate agents say I am liable while my daughter is still in the property and also for her court costs should she not be able to pay them. Here is the contract.
Customer: replied 1 year ago.
I think that I am doomed. I shall never be a guarantor again for anyone. What an expensive lesson to learn!
Expert:  Ash replied 1 year ago.
Is your daughter going to move out?
Customer: replied 1 year ago.
She won't communicate with me or anyone.
Expert:  Ash replied 1 year ago.
Ok - its bad news then. If your daughter is still living there then sadly you are liable as guarantor for the WHOLE period she remains.Therefore if she moves out, your liability ends. But until she does you are liable until she moves out or the Landlord releases you from the guarantee which us unlikely.I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No. Thank you. It seems easy to assume that I could have had a conversation with my daughter about this and resolved it earlier, but mental health issues are very complex and not easily understood by those who do not experience them first hand. I hope she finds somewhere to live that she likes and I hope she gets the help she so sorely needs. I hope.Thank you.