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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi , My son has moved from his letting leaving a rental arrears

Customer Question

Hi , My son has moved from his letting leaving a rental arrears of 8 thousand pound !! I stood as guarantor and his landlord has contacted me to see if my son will pay. The landlord has said he will not try and claim the money from me - but i am not sure if he will keep to his word .. I thought i stood as guarantor just for the first 6 months - i do not have a copy of the agreement My son had been at the property for 27 months and has not paid for the last 13 months Not sure why the Landlord has let it go on for so long & left it to this point to contact me. Can you advise on my side as a gaurantor. Many thanks David

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Has the Landlord confirmed in writing that he would not pursue you or that you are released?

JACUSTOMER-penbpecw- :

No he has not confirmed in writing , i did request a copy of the agreement 16-11-13.

Alex Watts :

In law your position is generally that you are liable as a guarantor until you are released.

Alex Watts :

This means that usually it may have been for an initial rental period of 6 months, but if renewed you are liable for any sums due until you are released.

Alex Watts :

If the tenant stayed for years then you would be liable for the whole of that period.

Alex Watts :

Imagine the situation where the tenant stayed for 6 months and the refused to leave.

Alex Watts :

If you had been the Landlord you would have wanted the tenant out and the rent, if he refused to pay then the Landlord would go after the guarantor - which is why it is not normally for a fixed period.

Alex Watts :

But until you have confirmed in writing you are released from the guarantee then in law you are still bound.

Alex Watts :

If the Landlord confirmed you were either released or he would not pursue you then you would be free.

Alex Watts :

But if the tenant defaulted and came after you via the Court, you would need evidence that you had been released.

Alex Watts :

Therefore it is very very important that you have confirmed in writing you are released or will not be pursued.

Alex Watts :

Can I clarify anything about this for you today please?

JACUSTOMER-penbpecw- :

HI Alex , i believe you have clarified the situation for me thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-penbpecw- :

I will take on what you have told me and obtain a release document from the landlord to make sure , thanks for your assistance

Alex Watts :

All the best - please remember to provide feedback before you leave today.

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