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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10456
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I am a guarantor for my son on a rented property, when I signed

Resolved Question:

I am a guarantor for my son on a rented property, when I signed the forms I instructed the letting office to inform me immediately if any rent arrears occur. I have just been contacted by the letting office to be told that he is in arrears of £3000. Have I any legal rights that can protect me as I am now liable for this full amount, despite being told they would let me know immediately. I have now given notice for him to leave the property but feel the letting office did not fulfil their part of the agreement. what can I do?
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I am sorry to hear of your situation. Although you have every right to be more than upset with the Letting Agents, I'm afraid that legally, they have not done anything wrong in not notifying you early.

As Guarantor, you are basically just agreeing to be responsible for any arrears, and it is up to the Landlord/his Agents whether and when they chase you for such arrears. Unfortunately there is no positive onus on them to notify you of arrears until they decide the Tenant is not going to pay and they wish to pursue you for the amount.

I am sorry this is not the answer you were looking for.

Kind Regards
AL
Customer: replied 3 years ago.

Unfortunately I thought that may be the case (worth a try)! Due to the large amount have I any rights in asking for an extended period to pay the arrears or will this be down to their goodwill as it was down to them letting it build up?

Expert:  Aston Lawyer replied 3 years ago.

Hi,

If I were you, I certainly would press for an extended time. They can insist on immediate payment, but if you don't and can't do this, then they are left with having to chase you and potentially issuing Court proceedings against you.

Therefore, if you make a reasonable offer to pay £X over say 2/3 months, I would hope that they would agree to this.

Good luck.

Kind Regards
AL
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