FOR JOMO1972. Many thanks for your opinion. It was not the opinion I was looking for, but, as you say, it is the factually correct and is the legal position as you see it.
I do have further questions for you relating to the Guarantor Agreement/Deed:
1). In view of the fact it has been signed as a Deed, should the witness to the signature be a non-relative? If so, am I able to contest the legality of the guarantor agreement on this basis?
2). Our original tenancy agreement dated 18th March 2011 was for a fixed period of 12 months only, meaning that it should have expired on 17th March 2012. To the best of my knowledge neither my partner or I signed a new tenancy agreement after this period. I do recall signing a piece of paper sent to us by the Landlords agent asking whether or not we wished to renew the tenancy and if so we were to tick the relevant boxes and sign and send the piece of paper back to the agent. We agreed to renew the tenancy for a fixed period of 12 months, although we never received or indeed signed a new tenancy agreement. Bearing this in mind and assuming that we did not sign a new tenancy agreement this prompts a few more questions:
When I informed the agent in August 2012 of my intention to leave the property on 28th September 2012, they advised me that although I intended to leave the property my responsibilities and obligations under the tenancy would not cease until 17th March 2013 (the end of the 12 month fixed period). Surely, if I did not sign a new tenancy agreement then our tenancy would have been on the basis of a Statutory periodic Tenancy as opposed to a fixed period tenancy? This being the case, then I believe that I only had to provide 1 months notice of my intention to leave the property, meaning that my responsibilities and obligations under the tenancy agreement would have ceased on 18th September 2013. If this is the case am i able to go back to the agent and demand back the rent that they informed me I was legally obliged to pay until the end of the fixed period on 17th March 2013.
With thanks and regards,