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Category: Property Law
Satisfied Customers: 33349
Experience:  Barrister at Self Employed Barrister
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I have a tenant that has moved out in the middle of an assured

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I have a tenant that has moved out in the middle of an assured short hold tenancy agreement and has also left the property in a terrible state. The tenant has no money judging by the amount of debt I have uncovered but we do have a guarantor. My question is In relation to the Guarantor Agreement which states This Guarantor Agreement refers to the current tenancy being undertaken and any extension or renewal of that tenancy.
This Guarantor Agreement was signed with the original Tenancy in March 2013. I have had no further contact with the guarantor since then although he is the tenants father. Is this document sufficient to stand up in court or should I have renewed this Agreement every time I renewed the tenancy. I have already written twice to the guarantor with no response so have no alternative to proceed to Court.
HI I will try and help.1) How many times did you renew the tenancy and was a new agreement signed each time ? 2) did you change any of the terms of the agreement when you re-newed and if so how (i.e. the rent or the lease period) each time?
Customer: replied 2 years ago.
I did respond on Thursday with answers to these questions but have still not received a response. Not sure if I responded incorrectly but I will answer again1. The tenancy was for 1 year periods and was renewed 3 times March 13, 14, and 15. Although the tenant cancelled in the middle of the third term and left Sep 15.2. None of the terms were changed just the dates.
Let me help you with your questions. The key is always the guarantor agreement. On the basis that the wording covers extensions and/or renewals then the guarantor is liable for the balance of the tenancy. I would also point out that you state that that tenant cancelled - the tenant would still have to give you notice to leave or spending on the terms the tenancy would continue to the end date. As such the guarantor is liable and if this can not be agreed then you could would have the option of court proceedings. I hope this helps. Please rate positive
Category: Property Law
Satisfied Customers: 33349
Experience: Barrister at Self Employed Barrister
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