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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80451
Experience:  Over 5 years in practice
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I am the guarantor for my son's room which he rents. His 6

Customer Question

I am the guarantor for my son's room which he rents. His 6 month tenancy ended on 4th April but he has continued to live there without a new tenancy agreement in place, paying his rent for this time. However, he has no job and no money now and I am very concerned that, as his guarantor, I will be billed for unpaid rent. He understands the problem but he is facing a lot of pressure from his girlfriend to continue living there. My question is: Can I be removed from this agreement as a guarantor?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have asked the landlords to remove me as guarantor. They have passed it to their legal team and have said they will be back in touch.
JA: Where is the property located?
Customer: Kingswood, Bristol
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My son was served a section 21 eviction notice for anti social behaviour at the start of 2020. He did not leave on the date specified and now we are in the Covid -19 situation, I believe tenants cannot be evicted.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 1 year ago.

Did you sign a renewal at any point?

Do you know if the original agreement said you would be liable for roll overs?

Customer: replied 1 year ago.
No, I did not sign a renewal. i would need to look at the original agreement re: rollovers. can I do this and get back to you?
Customer: replied 1 year ago.
Hello - I have checked my guarantor agreement and it says that I am liable for whatever time my son occupies the property.
Expert:  Jo C. replied 1 year ago.

Thank you.

Obviously that isn't particularly good news.

If that is what you signed then that is what you are bound by. You could try to argue that it's an unfair term and so void although I think the chances of that are fairly no.

You could write to them telling them that you will no longer honour you will status as his guarantor becausr he has not left after the end of the contract.

I'm afraid that won't change your liability in law but at least it might deter them as a lot of people are deterred by decorations like that.

If you do have to payout under a guarantor then you do have the option to reclaim from him although I know that is unlikely to be helpful as it appears that he is impecunious.

I'm very sorry but that is your position.

I wish there was something positive I could say to you.

Can I clarify anything for you ?

Jo

Customer: replied 1 year ago.
is it possible for me to request a termination of the tenancy on his behalf ?
Expert:  Jo C. replied 1 year ago.

You can ask anything. Anybody can ask anything. It sounds like the landlord wants him out anyway.

But the problem is to actually evict him they would have to use the procedure. They can still evict during the virus.. It just takes longer.

A better option would be to write to them terminating your guarantee. That has no status in law but it might determine from pursuing you.

Customer: replied 1 year ago.
okay, thank you for your help.
can i get back to you later for more advice ?
Expert:  Jo C. replied 1 year ago.

No problem.

Come back when you like.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 1 year ago.
Actually can I just re-ask my last question for the sake of clarity: would I legally be able to end the tenancy or would my son have to do it himself ?
Expert:  Jo C. replied 1 year ago.

he or the landlord has to do it.

Being a guarantor is a nightmare!

There is almost nothing positive in it.