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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice.
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my daughter rented a house on the 30/04/12 under a assured

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my daughter rented a house on the 30/04/12 under a assured shorthold tenancy agreement for a term of 6 months commencing 30/4/12, the landlord requested that I sign a guarantor agreement to which I agreed having been told that it was for a 6 month term, my daughter stayed in the property for approx. 2 years and fell into arrears for which she was evicted, the landlord is now claiming all of the rent arrears from me through a solicitor, I signed the guarantor agreement on the understanding it was a 6 months tenancy as stated in the tenancy agreement, no rent arrears were present in this period, am I still responcible having not signed a further agreement for the continued tenancy
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does the guarantee agreement confirm that you were only bound for 6 months?
Customer: replied 2 years ago.

No it does not give any timescales, which I believe is unreasonable

Expert:  Remus2004 replied 2 years ago.
Well, it may be but that doesn't make it unlawful.
Does it refer to the timed agreement?
Or seek to extend beyond that?
Customer: replied 2 years ago.

there is mention in the declaration as follows (extract)

I confirm that in the event of my/our defaulting on the rental agreement that any such default may be recorded with credit reference agencies and may affect any future application for credit.

this is the only mention relating to the rental agreement.

Expert:  Remus2004 replied 2 years ago.
Thanks
In that case the law will imply that your guarantee was restricted to the original agreement.
There are some guarantor agreements that seek to underpin the length of a person's entire tenancy and there has been some case law that has suggested that offends against UCTA and so is void but it is absolutely clear cut.
However, this agreement does not. This agreement just refers to 'the tenancy agreement'. The only tenancy agreement at the time that you signed was the AST of origin. That has time limits. Unless you have signed a fresh agreement this will not extend it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

what does AST stand for,

Expert:  Remus2004 replied 2 years ago.
Assured shorthold tenancy agreement.
Customer: replied 2 years ago.

thank you for your prompt advice in this matter, I am very happy with your service

Expert:  Remus2004 replied 2 years 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’.
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