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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I am a guarantor for my son and hes friend on a tendency .

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I am a guarantor for my son and he's friend on a tendency . My sons friend does not want to renew he's tenancy at the end of 12 months contract but my son wants to continue The tenancy we I now tenants . The deed of guarantee I signed has two tenants names . I do not want to continue as guarantor does the deed of guarantee contract end or does it still apply as one of the two tenants named in the contract we'll still Be a tenant
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract do they have please?
Customer: replied 3 years ago.
12 month contract deed of guarantor continuation , extension , continuation , statutory periodic answer which may arise following end of the period set out in schedule of tenancy agreement
It will if they don't sign a fresh contract.
You would not automatically underpin the periodic though. The only way they could try to argue that your guarantee underpins the periodic is if your deed contains a clause that binds you to any subsequent contracts. Even if it does though, you could argue that its void as its unfair within the meaning of UCTA.
If they sign a fresh contract then you would need to sign a new guarantee to underpin that agreement. It wouldn't happen automatically even if the guarantee tries to do so because there are different people upon the new contract so there are material changes.
Can I clarify anything for you?
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
So basically even if one of the original tenants names is still on a new tenancy .The guarantor, contract is an end . Do I need to get this in writing from the agent before a new tenancy is signed
If there are material changes to the contract then that would void any purported guarantee.
It would be helpful to get it in writing but obviously they may refuse.