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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I sighed as a guarantor against a property rental in the

Resolved Question:

I sighed as a guarantor against a property rental in the U.K. for a friend. The original contract was for 6 months. The tenant extended their stay, but I didn't sign any guarantor extension. My friend has no way not paid the rent & the estate agent are coming after me for the rent that hasn't been paid. Am I liable?
Kind regards
Michael
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Hi. Is there any reason you think you may not be?

I realise you would prefer not to pay but the agreement exists?

Customer: replied 3 months ago.
I signed up as guarantor based upon the 6 month contract, not an indefinite amount of time & I wasn't even made aware of the fact the contract was extended.
Expert:  Jo C. replied 3 months ago.

Oh I see.

What did the original contact say about extensions?

Customer: replied 3 months ago.
It didn't say anything about extension.
Expert:  Jo C. replied 3 months ago.

In that case, you are not liable.

You were liable for the initial six months. This document doesn't even purport to extend your liability beyond that. Therefore it cannot.

Even when contracts do there is quite a lot of caselaw that restricts their capacity to bind a person indefinitely.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
Thank you very much. You have mentioned case law, is there anything I should reference in my reply to the estate agents?
Expert:  Jo C. replied 3 months ago.

No, it doesn't apply here.

The original contract doesn't even purport to extend beyond the six month period.

Jo C., Barrister
Category: Law
Satisfied Customers: 69527
Experience: Over 5 years in practice
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Customer: replied 3 months ago.
Excellent, many thanks.
Expert:  Jo C. replied 3 months ago.

No problem.

All the best.

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