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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
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I signed as guarantor for my sons flat approximately 9 yrs

Customer Question

Hi I signed as guarantor for my sons flat approximately 9 yrs ago we are now estranged for over 10 months now ,I've just received a letter from his landlord saying that he owes for rent and has instructed section 21 to vacate the premises.but I sent the landlord a letter and email on 5th April this year demanding they take me off as guarantor and also told them it had been paid for over 7 yrs so they did not need me as guarantor,I have never signed a continuance for any contract extension .please could you advise me
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Are you asking if you are liable?

Customer: replied 5 months ago.
as I said I only signed once and that was 8 years ago and I have email here asking to take me off as guarantor
Expert:  Jo C. replied 5 months ago.

I made an offer as you requested a phone call.

Customer: replied 5 months ago.
Just a written reply will do I've paid the £44
Expert:  Jo C. replied 5 months ago.

Do you know if the original contract purported to extend your period of guarantee?

Customer: replied 5 months ago.
Not sure but I did speak to the landlord as I said I thought I had been taken of as I sent a letter and email to him with no reply
Customer: replied 5 months ago.
Would it help if I send you a copy of the email I sent
Expert:  Jo C. replied 5 months ago.

It does depend on your original contract but almost certainly you would only have guaranteed the original contractual period. The underpinning cannot be indefinite.

The contract may have purported to be indefinite but that would be struck down.

However, the fact that you have asked him to remove your name from a guarantee would not mean you are absolved if you are otherwise liable – the latter being unlikely in this case.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
Sorry I'm not sure what that means
Customer: replied 5 months ago.
Are you still there I'm still unsure where I stand can I safely say I'm not responsible
Customer: replied 5 months ago.
I did ask the landlord for a copy of the original contract back in April but never received
Customer: replied 5 months ago.
Please clarify for me your answer
Expert:  Jo C. replied 5 months ago.

In what way?

Customer: replied 5 months ago.
Not sure in your answer I'm not very literate sorry but I don't know if I'm still responsible or not
Expert:  Jo C. replied 5 months ago.

It is never really that simple.

Probably you are not but you may need to go to court to establish that.

Customer: replied 5 months ago.
Thank you for that what are the estimated costs for that
Expert:  Jo C. replied 5 months ago.

It is a percentage of the claimed sum but probably in the low hundreds. Not a ruinous amount.

Customer: replied 5 months ago.
Thank you
Expert:  Jo C. replied 5 months ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 5 months ago.
Ok I'll keep that in mind
Expert:  Jo C. replied 5 months ago.

All the best.

Customer: replied 5 months ago.
Hello I've just spoken to the Lettings agent regarding this £1000 bill so far he tells me the tenancy contract is different from the guarantor contract and it will stand up in court the bill could go up as it depends on the state of the flat when they inspect it.
Does this sound right.ive asked for a copy of the original guarantors contract and he seems to be trying to put me of by saying he'll have to speak to their solicitor first
Expert:  Jo C. replied 5 months ago.

Yes, the contract is different from the guarantor contract.

The bill could go up as you would be liable for costs if you lost.

that doesn't mean you will lose.

Customer: replied 5 months ago.
if the contract is different could this last indefinitely
Expert:  Jo C. replied 5 months ago.

Well, as I said really, it could purport to but you would have a challenge for the reasons above.

Customer: replied 5 months ago.
Hi I've just received the copy of the contract I hope you can see this ok I await your opinion on this thank you
Expert:  Jo C. replied 5 months ago.

Ok. At point two that does purport to extend your liability for any renewals.

Then you would have to drop down upon the law of unfair terms and contracts to argue it was unfair which would probably be accepted.

Customer: replied 5 months ago.
What would be the best way to instruct a solicitor and do they discuss approximate cost at that time as I don't have much funding.
Expert:  Jo C. replied 5 months ago.

Are they likely to sue?

Customer: replied 5 months ago.
they have told me I will have to pay

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