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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11553
Experience:  30 years as a practising solicitor.
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Im looking .My partner went as a guarantor in

Resolved Question:

Hi,im looking for advice.My partner went as a guarantor in a flat in scotland in 2010. The social security who paid his rent have now reduced how much they will pay.That leaves her to pay the deficit,although not being much she cant really or dosent want to pay in case he does'nt want to pay. Now..since february this year a new landlord paid for the flat and has made up a fresh contract until july next year.The previous landlord used an agency way back in 2010 and then left them.The guarantor agreement was in their office,ive asked to see that agreement she dose'nt seem to have it. Could you help to give me even a ball park answer to this as i have 2 thoughts on this.One is that if a new landlord takes over or a new contract is s8gned the gaurantor at that point has fulfilled their obligation and the other thought is that the guarantors obligation carries on...i havent got a clue at this point?thankyou.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The first point to note here is that if the guarantee can't be produced, or at least a copy of it, the guarantee can't be sued upon.
Assuming the document does still exist, however, the answer to your question depends on how the guarantee obligation is drafted. If it is drafted in favour of the landlord at the time it was entered into then it wouldn't be actionable by a new landlord in the same way that the lease would.
However, if the guarantee is drafted in favour of the landlord and his successors and assignees then it could be relied upon by a new landlord from the date that the new landlord took title to the property.
I hope this helps. Please leave a positive response so that I am credited for my time.
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