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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Can a guarantor end s/her liability at any time

Customer Question

can a guarantor end his/her liability at any time
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Not usually. A guarantor for what?

Customer: replied 1 year ago.
Housing.A mother wishes to sto being guarantor for her daughter who has become wayward.
Expert:  Jo C. replied 1 year ago.

When does the agreement end?

Customer: replied 1 year ago.
No stop date
Expert:  Jo C. replied 1 year ago.

Is this an AST?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

Thanks.

When should that end?

Customer: replied 1 year ago.
Has been carried forward from a assured tenancy -first year tenancy-then became AST so no completion date as tenancy rolls on.
Expert:  Jo C. replied 1 year ago.

In that case, the guarantor would not automatically be liable anyway.

If a guarantor has back an AST then he is liable for that period of time. The guarantee does not extend to further agreements unless, of course, the guarantor signs a further agreement.

If you want to retreat them just write to them saying that you do not agree to cover further periods.

They may not accept that. They may try to argue the original guarantor extends beyond that initial rent period to the full term of occupation but it depends on the wording of the guarantor and usually courts will reject that argument anyway.

But it is best to put them on notice

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
No that's good thanks.I have told her to write to the letting agent stating she no longer is willing to be guarantor,particularly as the tenancy has been extended beyond the initial one.Heres hoping.Thanks for your help.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Please remember to rate my answer.