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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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Please can you help. I went gauranture on a rent of my then

Customer Question

Hi please can you help. I went gauranture on a rent for one of my then friends. The contract was for six months which runs out on August 15th. At the end of the term if the Tennant stays on then the contract goes into a statutory one which means it rolls on on a monthly basis. I haven't had any issues with unpaid rent etc. My relationship with the Tennant has since broken down and I've lost all trust in her. Is there any way for me to remove myself from being guaranture at the end of the six month period? Thanks for your help.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

Is this an AST please?

Customer: replied 8 months ago.
Sorry what do you mean by AST
Customer: replied 8 months ago.
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Expert:  Jo C. replied 8 months ago.

Assured shorthold tenancy agreement?

Customer: replied 8 months ago.
it was for a period of six months. It is due to end on the 15th August.
Customer: replied 8 months ago.
I can't get an answer from the Tennant as to whether she is planning to stay on after the six months or not.
Customer: replied 8 months ago.
As far as I can tell by the contract there is nothing I can do if she decides to stay on indefinitely.
Expert:  Jo C. replied 8 months ago.

If this is an AST then you are only liable for the dates of the original AST unless you sign a further guarantor agreement.

However, for security, you could always write to the landlord making clear that you do not extend your guarantee beyond the original AST.

Can I clarify anything for you?

Jo

Customer: replied 8 months ago.
it states under the gauranture section.'the gauranture 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'. Does this only come into effect if the landlord requests the property back at the end of the six month period? Or was I wrong to think that if the Tennant decided to stay on I would be gauranture indefinitely.
Customer: replied 8 months ago.
The property is leased through a letting agency.
Expert:  Jo C. replied 8 months ago.

He may well try to argue that you are guaranteeing their full occupancy but that is just plain wrong in law.

You are liable for the period for which you guaranteed and no more.

Customer: replied 8 months ago.
Thank you. That answers my question.
Expert:  Jo C. replied 8 months ago.

No problem.

All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi sorry to continue however I have since spoken to the letting agency and they assure me that until vacant possession I am still gauranture, even if that maybe in 5 or ten years time etc.
Expert:  Jo C. replied 8 months ago.

Well, they would say that.

they will try to argue that.

It will not succeed unless you agreed that in writing.

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