Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.
Just to be clear, this was a rental agreement you signed as guarantor?
It is bad news I am afraid. You do not get a 14 day cooling off period.
Rental agreements and specifically excluded under the distance selling regulations.
You can only withdraw if the agreement has not been signed by the Tenant and the Landlord.
I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Sadly not. They are referring to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came in in 2014.
These specially exclude rental properties. Section 28 says:
6.—(1) These Regulations do not apply to a contract, to the extent that it is—
(c) for the creation of immovable property or of rights in immovable property;
(d) for rental of accommodation for residential purposes;
Does that clarify?
Yes, it does not make a difference.
Section 6 above excludes cooling off for rental.
Please bear in mind that I am in/out of Court.
You do not have a right to cancel.
As for not to renew, sadly you are bound until released from the contract.
The guarantee is valid until the tenant moves out.
I am so sorry, but unless it already limits the liability, you are liable until released or he moves out.
I agree, but sadly that is why you should read it and be happy before you are bound.
All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!
They can, yes. It is a decision of the tenant.
I would wait until the end of the 6 months. If he is in arrears, they will serve notice to leave.
If that is the case, then the tenancy will end and you can pay whatever the arrears are, once he has left.
But if he keeps up to date, yes, they can renew.