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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning. I am a landlord. I have a guarantor in the

Resolved Question:

Good morning. I am a landlord. I have a guarantor in the tenancy agreement on my property for his stepdaughter who is the tenant. The tenancy agreement states under section 1 '1.6.2 the 'Term' is to include any extension or continuation of the fixed term or a statutory or contractual Periodic tenancy' It also states under 7.1 'the guarantor agrees to pay the landlord or the landlords agent against any reasonable losses suffered as a result of the tenant failing to fulfil any of his obligations under this agreement or failing to pay rents or other monies lawfully due'. 7.2 'the guarantor agrees to pay, on demand and in full, any overdue rent or other monies lawfully due under this agreement for the full term and until vacant possession is given to the landlord'. 7.3 'the guarantor agrees to make payments lawfully due under clause 7.1 or 7.2 even after the tenant has yielded up possession'. The judge in the county court dismissed all of my claims for rent and charges by stating that in his view the guarantor had verbally said he did not want to be guarantor 2 month before the tenancy went into a 'statutory periodic tenancy' I disputed this but the judge found in favour of the guarantor and dismissed all of my claims which were not paid by the tenant during the 'Statutory periodic tenancy' stating this would have given me 2 months to find another guarantor. As the tenant owed so much this would have been impossible. He also then dismissed all of my claims for the historic non payments of charges due in line with the contents of the tenancy agreement by stating that he was aware of the statutory time period of 6 years but decided I should have asked for payments when they were due and dismissed them. He dismissed my claims for set charges which are within the tenancy agreement for 'automatic penalty of £25.00' for late payment of rent stating he thought the charges excessive, although legally contained within the tenancy agreement. I believe that the judge has acted and made the judgement outside of my legal rights and possibly against my human rights as to deny me monies owed from a legal and binding tenancy agreement seems totally unjust and biased, the judge was not happy that due to my dyslexia I use my father as agent and he charges an agreed amount with me for letters which are chargeable within the lease. I need help to try and know how and if I can appeal this judgement. I am on very low earnings and due to non payment from the tenant and the guarantor have very little funds. please advise the best course for me. yours sincerely Jerome ******
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Are you asking if you are liable?
Customer: replied 1 year ago.
i think you may have read it wrong. it is asking how to appeal and if i have grounds for appeal due to the judge throwing my claim out for the reasons i have explained..
Customer: replied 1 year ago.
are you getting my messages? i am not sure how long answers should be before ending this session. regards Jerome
Expert:  Jo C. replied 1 year ago.
Sorry not my area.I have opted out for others.
Expert:  Ash replied 1 year ago.
Hello Jerome my name is ***** ***** I will help you with this.How much were you seeking to claim please?
Customer: replied 1 year ago.
there were 2 claims which the court combined into 1 hearing. the amounts were for different breaches of the tenancy agreement and my claims were against the guarantor. the totals with interest and charges and costs amounted to £3.400. please note the only question i need an answer to is can i appeal due to the judge dismissing all of my claims due to him believing that the guarantor had actually given verbal notice that he did not wish to remain as guarantor before the tenancy went into a statutory periodic tenancy. this was not agreed by me and nothing was in writing from the guarantor. i need to know if there is a point of law that enables a guarantor to simply verbally cancel the written agreement without my agreement asa this is the main point I believe I can appeal for. regards Jerome
Expert:  Ash replied 1 year ago.
Thanks. When was the hearing?
Customer: replied 1 year ago.
6th April. i am aware i only have 13 days left to appeal but really only need to know if the guarantor could just verbally escape from the terms in the agreement as the judge decided. thanks jerome
Expert:  Ash replied 1 year ago.
Ok - I think you have grounds to appeal. But you need to be careful. You cant have a £25 penalty. Penalties are illegal in law and can not be levied. If you meant charge then again you need to be careful as anything over £12 can be considered excessive. This is based on the OFT ruling on charges.But considering what you have said, I think you do have grounds to appeal. The Judge appears to have got it wrong - you had a guarantor and they agreed to be bound until released. I just cant see how the Judge meant until the end of the fixed tenancy?Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex, OK I believe that the judge could say the £25.00 which is stated in the tenancy agreement could be possibly deemed as excessive which is what the judge said. but he then dismissed all of my claims rather than knock the amounts back. the tenancy does state a £25.00 administration charge will automatically be applied if the rent is paid 7 days late. i only claimed this for 5 occasions even thought the tenant has only ever paid within this time on one single month. can i still pursue this as a separate claim against the tenant and therefore the guarantor. also from your answer I am not sure if you are agreeing that the judge is wrong by trying to agree that the guarantor can not be released due to the debts owed during the periodic period which is where most of my claim arises. can you clarify your end bit where you appear to agree with everyone we know, including the rental agent that no one can be released from the term of being guarantor just by saying he does not want to be anymore and if so is there a point of law I can quote. regards Jerome
Customer: replied 1 year ago.
also do you know if it is advisable on appeal to say that I believe this could be against my human rights as to dismiss all the lawful and genuine charges within the tenancy agreement does deny my rights to claim. regards Jerome
Expert:  Ash replied 1 year ago.
If the claim failed against the guarantor this does not stop any claim against the tenant. Its a matter of contract Jerome about the guarantor. UNLESS you release them, they are BOUND by the contract.Does that clarify?Alex
Customer: replied 1 year ago.
Nearly there, just not sure whether to tick the box claiming my human rights, i am not sure if this would complicate things or help my appeal. will be guided by you. i think you have clarified my thoughts however that i should appeal regards jerome
Expert:  Ash replied 1 year ago.
Its not against Human Rights because if the Judge gave a reason why, thats not a breach. You are just appealing the discretionary decision. Its not a human rights appeal. You just dont like the outcome.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
thanks Alex. have a great time when ur off next. will leave 5 star for you. many thanks Jerome