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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I signed as a joint guarantor for a rented property for my

Resolved Question:

I signed as a joint guarantor for a rented property for my daughter, she has now been evicted due to rent arrears. The landlord has now written to me to asking for payment of the rent arrears.

The arrears total £7555.50, which have built up over two years. The landlord has not contacted me before and I just wonder where we stand legally on paying the arrears. My daughter is willing to pay on a monthly basis rather than pass the debt to the guarantors.
Please advise how to proceed.

The other issue we have is that she has not received her deposit back, can he legally hold this against the arrears/
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Whether or not he may set off the deposit against the arrears depends on the terms of the tenancy agreement, it is very common for the deposit to be offset against any arrears.

You need to see what the guarantee you signed actually says, I suspect that the landlord is able to demand the money from you in the event of breach by the tenant and the landlord will be able to get a court judgement against you in the event of non payment by you which will affect your credit file.

Your daughter should get in touch with the landlord right away and see if the landlord is willing to agree to a settlement plan from her and drop the claim against you under the guarantee.

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