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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice.
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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: 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.
How can I help with this please?
Customer: replied 2 years 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 2 years ago.
So, basically they are trying to roll over your guarantee period without your agreement?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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.