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Ash
Ash, Solicitor
Category: Property Law
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Experience:  Solicitor with 5+ years experience
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My friend Ron, asked me to be a Guarantor months on an

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My friend Ron, asked me to be a Guarantor for 6 months on an apartment he was renting. He deposited with me enough funds to cover 6 months rent.
The Landlords Letting Agent phoned me and I said I was prepared to be Guarantor for the rent for 6 months. He said I needed to sign the bottom of the Assured Shorthold Tenancy Agreement so he came to my house, once again I confirmed with him face to face that I was only prepared to be Guarantor for 6 months rent, which he confirmed was OK, even though the Assured Shorthold Tenancy Agreement with my friend is for 12 months.
At the bottom of the Assured Shorthold Tenancy Agreement was a "Guarantor Declaration" which I signed but I added the wording: "By signing this I am responsible for a maximum of 6 months rent of £1,050.00 x 6 = £6,300.00 and nothing else". I further signed this and dated it and handed it to the Letting Agent.
Last week my friend Ron asked me if I could use the funds he deposited with me to pay the final 4 months rent. I said yes, provided your Letting Agent accepts me paying your rent, and that he provides me a letter in writing confirming that once I pay the remaining 4 months rent I am released as Guarantor.
Yesterday I received the following letter from the Letting Agent:
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Dear *****,
To date we have received two month’s rent and £1,050.00 as a security deposit. We have no objection to you paying us a further £4,200.00 representing another four month’s rent. This will take rent paid in advance up to and including 05 May 2016.
Just so that you are aware, rent due on 06January 2016 is currently overdue.
By signing the guarantor’s declaration with full understanding and without reservation, you accepted responsibility not only for the payment of rent and other monies owed by Ron Coello under the Terms of his Tenancy Agreement/s, but also for his actions. You also accepted these responsibilities for the duration of that Agreement (and any renewal at the end of the term assured).
We have agreed that you can be relieved of your responsibilities on 05 May 2016, (after six months of the current Tenancy has elapsed), provided that Ron has found someone else to stand has his guarantor, they have passed the required referencing and have signed the guarantor’s declaration before 05April 2016.
Should you and Ron wish to arrange an alternative guarantor before then we are happy to release you of your responsibilities even sooner.
Kind Regards,
Chris
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My point of concern is:
1. The fact that I signed adding the conditional wording "By signing this I am responsible for a maximum of 6 months rent of £1,050.00 x 6 = £6,300.00 and nothing else" is this legally binding, and they cannot legally come after me, after the 6 month period to demand more rent (should my friend default) or for anything else.
2. Surely these comments from the Letting Agent are null & void because of what I wrote signed & agreed to on the Guarantor section: "By signing the guarantor’s declaration with full understanding and without reservation, you accepted responsibility not only for the payment of rent and other monies owed by Ron Coello under the Terms of his Tenancy Agreement/s, but also for his actions. You also accepted these responsibilities for the duration of that Agreement (and any renewal at the end of the term assured)."
3. Whatever happens after the 6 months rent, (which I am perfectly happy to pay the final 4 months) surely is of no concern to me, because I only agreed to pay the rent, and nothing else.
Please can you confirm that by my wording and face to face agreement with the Letting Agent, they cannot pursue me for anything more than the 6 months rent as I stated.
Thanks very much
Your sincerely
Dennis Harvey
Tel: ***********
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Were the words without reservation etc cross out please?
Alex
Customer: replied 1 year ago.
Hello the words "Without Reservation" were not crossed out.
But immediately underneath this I signed and added my wording, "That by signing this I am responsible for a maximum of 6 months rent....and nothing else".
Expert:  Ash replied 1 year ago.
Ok. Was it then signed by the landlord after this?
Customer: replied 1 year ago.
No was not signed by Letting Agent after this.
Customer: replied 1 year ago.
It was already signed above "PP On behalf of the Landlord"........, but not signed after my signature and my added wording.
Expert:  Ash replied 1 year ago.
Landlord after?
Alex
Customer: replied 1 year ago.
No not by Landlord after, was already signed before on behalf of the Landlord
Expert:  Ash replied 1 year ago.
Ok. Then it's not binding. They knew you were going to limit your liability. A such they could have accepted the agreement with the addition or rejected it. They didn't reject it and as such it's binding they can't claim more.
Can I claimed you anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hello AlexThanks for reply.
Sorry I don't understand what you mean by: Can I claimed you anything for you about this today please?I am going out at 6.30 so will reply tomorrow latestThanks & regardsDennis
Expert:  Ash replied 1 year ago.
Sorry I meant can I CLARIFY - it's autocorrect
Does that clarify?
Alex
Customer: replied 1 year ago.
So basically whether the Letting Agent signed the Tenancy Agreement before or after my signature is irrelevant.They knew I was going to limit my liability. A such they could have accepted the agreement with the addition or rejected it. They didn't reject it and as such it's binding they can't claim more.Am I understanding this correctly?Thank you Alex
Expert:  Ash replied 1 year ago.
Correct.
Alex
Expert:  Ash replied 1 year ago.
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