How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

My daughter has just signed a new fixed term tenancy

Customer Question

My daughter has just signed a new fixed term tenancy agreement. She is a student so required a guarantor. The original 12 month fixed term period ends on the 23rd August. Can I provide notice to withdraw my guarantee at the end of the current term. I have not had sight of the new tenancy agreement or the original for that matter. She shares with another student and both have met the rent payments throughout the tenancy. I have had a look at the Guarantor Agreement which the letting Agent have just sent to me and it does refer to 'current tenancy being undertaken and any extension or renewal of the tenancy'.

Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
Hi Jill,
I signed as a guarantor for my daughter who needed me to guarantee her tenancy. The tenancy agreement was for a fixed term of 12 months. She paid all she should but the tenancy is ending soon. She has recently signed a new fixed term tenancy agreement. Will I be able to stop being guarantor. The credit reference check application specified a term and value of rent but the agreement makes no mention of length of term for the agreement. It has a start date only. Seems odd that I can't give notice to terminate my guarantee. I haven't been contacted by letting agent about this or had sight of the tenancy agreement. Looks like I have signed a open ended guarantee, which doesn't seem reasonable. Is there any way I can terminate this? She needs a guarantor to stay at the property but will vacate on the tenancy expiry date 23rd August.
Expert:  Remus2004 replied 1 year ago.
So, basically they are trying to roll over your guarantee period without your agreement?
Customer: replied 1 year ago.
Yes, basically. Surely if I am acting as guarantor I should have sight of the new tenancy agreement and agree to the renewal in some way or better still, be able to give notice that I want to terminate my guarantee at the end of the current period of tenancy?
Expert:  Remus2004 replied 1 year ago.
yes, that is right.
If you are a guarantor then you are not able for the guarantee period that you cover but they can't extend your liability unilaterally without your knowledge and agreements however much they would like to.
And it's really no more complicated than that. Whatever they think they can do I'm afraid they cannot.
It is worth putting in writing and sending it recorded delivery that you do not consent to being a further guarantor otherwise they will seize on that.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
The agreement I signed has a specific start date but no end date and also has a clause in it that refers to the guarantee relating to the current tenancy (which ends on 23rd August) and any renewal or extension of the tenancy. Sounds like If the tenancy is renewed between the tenant and landlord I have to stay as guarantor. There is mention of being able to give notice but only if the tenancy is periodic. The new agreement is fixed term. I will give written notice to terminate the guarantee but I'm worried they will reject it. Can you offer any further advise
Expert:  Remus2004 replied 1 year ago.
Yes, they probably will attempt to reject it. The test is not whether they agree but whether the court would enforce it if this were litigated upon.
I know that sometimes they do attempt to extend liability for any renewals but I have never seen a court except it where there is a clear attempt to cancel yet.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.