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Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 2246
Experience:  Lawyer
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My brother paid a year’s rent upfront & signed as guarantor

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My brother paid a year’s rent upfront & signed as guarantor for a house for his son when son’s marriage failed. Now son’s wife & four children have moved into said house. My brother doesn’t expect to recoup rent already paid, but as son’s wife has become very abusive towards him (my brother) including involving police with false allegations, he is concerned that at the end of the year wilful damage might be done in order to cause him grief & expense. The letting agent is taking a “it’ll be fine” stance. Is there anything my brother can pursue & with whom? Thank you.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: the original papers allowing my nephew to rent, which was a couple of months ago
JA: Where is the house located?
Customer: Lincolnshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Brother asked me to see if there was any info online to give him direction as Citizens’ Advice Bureau effectively closed & my brother is not a computer user
Hi, thank you for your message. Welcome to just answer. I am sorry to hear about your situation. Can I confirm what does he wish to do?
Customer: replied 5 days ago.
Is there any way he can withdraw from/limit his being a guarantor so he is not liable for any damage caused to the property? On the grounds of he guaranteed his son’s occupancy, but did not have any say in the estranged wife coming back onto the scene & into the rented house?

Hi, thank you for your message. Again I am sorry to hear about your situation. I would advise that he checks the contract to see if there is an early termination clause which allows him to withdraw early. Otherwise he will need to challenge the contract through the courts. He can also write directly to the landlord asking to be released as a guarantor early. If the landlord agrees then he can withdraw. He may want to instruct a solicitor if the matter goes to court.

The solicitor will be able to weigh all the evidence before them and help you build a strong case. You can find a solicitor by using the law society find a solicitor link here: https://solicitors.lawsociety.org.uk/ You will be able to search by specialism and also town or postcode to find one near you. You may qualify for legal aid if you have low income and want to take the case to court. You can check if you can get legal aid here: https://www.gov.uk/check-legal-aid. You can find a legal aid solicitor by using this link: https://find-legal-advice.justice.gov.uk/. Legal aid is free assistance to people who cannot afford to pay legal fees such as legal advice and proceedings. You could also visit your local Citizens Advice Bureau (CAB) ( For more information please visit: https://www.citizensadvice.org.uk/). CAB’s are accessible in different areas in the country providing free legal advice to individuals who cannot afford this. You can contact them by phone to book a face to face appointment. They may also be able to provide phone appointments. Moreover, you might be able to find a pro bono lawyer by attending/contacting a LawWorks Clinic. A probono lawyer is a free lawyer. The LawWorks Clinics Network is a network of free legal advice sessions that LawWorks (the Solicitors Pro Bono Group) supports. For more information and to find a network near you please visit the following website: https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you. I hope this helps and I wish you all the best in dealing with this matter. Please do not hesitate to contact me should you have further questions regarding this matter. I am happy to answer follow-up questions - please do get in touch with extra information or further queries and I will do my best to help you. Best wishes.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

Joy Nicholas and 2 other Property Law Specialists are ready to help you
Customer: replied 5 days ago.
Thank you very much