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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1701
Experience:  Expert
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I live in a private rented property with a friend acting as

Customer Question

I live in a private rented property with a friend acting as a guarantor. My rent was increased at the end of my contract. I increased my standing order accordingly but is my guarantor still legally liable?
JA: Where are you? It matters because laws vary by location.
Customer: North Shields
JA: What steps have you taken so far?
Customer: Just increased my standing order to pay the £50 increase, my guarantor would like to leave her agreement.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My shorthold tenancy agreement is agricultural tenancy but I live in a ground floor flat in a terrace.
Submitted: 20 days ago.
Category: Law
Expert:  MARTINT330 replied 20 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 20 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 20 days ago.

In that case, please review your tenancy agreement. If it lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can:

  • renew your tenancy agreement at the end of the fixed term, but with an increased rent

  • agree a rent increase with you and produce a written record of the agreement that you both sign

  • use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended

In short, if you have a fixed term tenancy, your landlord cannot increase your rent before the end of your fixed term. Thus, your landlord's act of increasing your rent is illegal.

Expert:  MARTINT330 replied 20 days ago.

Furthermore, You should dispute the new rental rate. You can apply to the First-Tier Tribunal (Property Chamber - Residential Property) to decide on this dispute.

Here are the details of the Tribunal:

Address:

10 Alfred Place

London

WC1E 7LR

United Kingdom

Email:***@******.***

Telephone: 0207(###) ###-####/p>

Fax: 01264 785 060

Expert:  MARTINT330 replied 20 days ago.

Is there anything else I can help with today?

Customer: replied 20 days ago.
I don't think so, I just want to know if my rent guarantor is still liable after my rent increase, neither of us have signed an additional agreement.
Customer: replied 20 days ago.
The question was is my guarantor still liable after a rent increase? Not is the rent increase legal!
Expert:  MARTINT330 replied 19 days ago.

Your rent guarantor's legal responsibility end depends on the wording of the guarantee. He may, for example, continue to be responsible for however long the tenancy lasts and for any rent increases. If this is the case, he will be legally responsible if you break any of the promises you made in their tenancy agreement before the tenancy ends and will remain liable for a period of six years from the date you break their promise.

Unless the guarantee provisions say otherwise, your guarantor carries on being liable even if they fall ill or lose your job.

Expert:  MARTINT330 replied 19 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.