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Nicola-mod, Moderator
Category: Property Law
Satisfied Customers: 21
Experience:  Moderator
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Good morning 2 years ago I stood as gaurantor for my daughter

Customer Question

Good morning 2 years ago I stood as gaurantor for my daughter on a flat tennancy - as far as I am aware this was a 6 month contract. She has been in the property 2 years at the end of the month. She has not paid the rent this month and the landlord's agent has contacted me saying i am liable in my role as guarantor - is this correct as i have not resigned any new contract or does the inital contract stand even if I haven't signed on any renewed contracts?
Submitted: 4 years ago.
Category: Property Law
Expert:  Alex J. replied 4 years ago.

Thank you for your question and welcome.

My name is AJ and I will assist you.

A standard guarantee of this nature would be in respect of "all liabilities" arising from the lease". Your liability would only be extinguished if you were released by the landlord or your daughter moved out the property.

That would be the normal position however without the benefit of seeing the guarantee I cannot be certain. Could post on here what the guarantee actually says, there should be one clause that says "I hereby guarantee ...." or something similar?

Also did you sign the document as a deed? was it witnessed?

I look forward to hearing from you.

Kind regards

Customer: replied 4 years ago.

It was witnessed by the landlord's agent - I don't and never had a copy but will look to see if my daughter has a copy to see if it says 'I hereby guarantee...'

Expert:  Alex J. replied 4 years ago.

Thank you.

Under the demand for payment have they provided you with a copy of the guarantee? If not you will need to get one asap, it may be the case that you have not guaranteed this liability.

Can you let me know?

Kind regards

Expert:  Nicola-mod replied 4 years ago.

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,