How Do I Stop Being A Tenant Guarantor?

Common problem, common question.

Unfortunately, the question is usually posed by a weepy-eyed do-gooder that wears their heart on their sleeve and was only too happy to vouch for a loved one, no questions asked. That’s usually the problem, no questions were asked.

I’m pretty sure a lot of guarantors don’t fully understand what their legal responsibilities are until they’re actually forced to step up and swallow the consequences of their duties.

Being a Guarantor is no joke, and it’s probably the only selfless good deed in this snake-oil industry. I’ve yet to witness anyone gain any joy from being one, so it’s important to fully understand the risks of being a Guarantor… before actually agreeing to be one. It’s not exactly rocket science.

I’m no expert in this field, but I’ve read many cases from both external sources and comments left on my blog, so I’ve managed to pick up a few nuggets of information. From what I’ve aware, there are a handful of ways in which a guarantor can actually stop being a guarantor, which are as follows:

  • The landlord allows the guarantor to surrender their legal obligations as a guarantor. In this case, the guarantor should get this in writing from the landlord.
  • If the Deed of guarantee contains a termination provision (allowing the guarantor to withdraw on say two months’ notice)- the provision can allow the termination during the fixed term.
  • If any term of the tenancy changes (e.g. rent increase) the guarantee will automatically come to an end.
  • Death of either party.
  • If a new tenancy is entered into, the guarantee will automatically come to an end, unless a term in the guarantee states an automatic continuation.

In most cases, the conditions above depend on the wording of the Deed of guarantee, so it’s important to read the terms with due diligence, and seek legal advice if uncertain.

If anyone believes any of the above to be untrue, or can expand on any of the escape routes, please let me know. Also, has anyone successfully or unsuccessfully got out of being a guarantor? If so, which route did you go down?

76 Comments- Join The Conversation...

Showing 26 - 76 comments (out of 76)
Guest Avatar
Stuart 3rd September, 2015 @ 18:38

Me and my girlfriend have split up. We have a joint tenancy and my brother is the guarantor. We are being given an eviction notice for the end of our tenancy. My ex is saying she will not be leaving the property then and i have been told that the cost of getting her out will fall to the guarantor (my brother). I will be leaving the property so how does this affect my brother.

Guest Avatar
Elbee 4th September, 2015 @ 11:52

Shaz - sorry, as I understand the situation you have no rights, only responsibilities. All you can do is encourage your son to behave responsibly.

Stuart - it is you and your (ex) girlfriends responsibility to pay any fees due. Your brother has been kind enough to act as guarantor to help you out on the basis you would pay your dues. If the pair of you don't sort it out, then yes he will be liable. Don't let him down.

Guest Avatar
Ditz 19th February, 2016 @ 22:15

Hi, looking for information on how to remove the guarantor responsibilities after initial AST expired in 2010, and a further 4 AST were signed all with rent increases and I've been in the property over several years.
There's no issues however I as the tenant would not like anything in the future to come back on my now elderly relative.
Is there some official declaration I/they can send to revoke their responsibility?

Guest Avatar
Margaret cassidy 24th May, 2016 @ 20:21

I am a pensioner who became guarantor for my worthless son and his lazy partner. Why? To ensure that my five grandchildren had a home. They too have stopped paying rent four months ago. They are to be evicted and to date they have done nothing to find a new home and the outstanding rent arrears are over £2000.I am frantic about how I will pay and what will happen to my grandchildren. This country and its laws are disgraceful. If we get out of the corrupt EU, perhaps our laws will start to make sense again and victims like us and not criminals will be looked after.

Guest Avatar
Elbee 25th May, 2016 @ 08:23

Dear Margaret
I'm really sorry to hear that your son has let you down, but I really don't think you can blame the EU for this one.

Guest Avatar
Margaret cassidy 28th July, 2016 @ 17:45

I blame them for a world where the guilty are more important than the innocent because our laws favour the cheat,e. g. Mps, SIR philip green, all the lords who get paid & £300 aday to sleep on a leather chair THE LAW IS AN ASS and we cannot change anything while we are shackled to a corrupt institution, the whole world is run by cheats

Guest Avatar
karen lockett 4th August, 2016 @ 09:14

i became a guarantor for my daughter so she could get a flat for her and my granddaughter,after 6 months she signed up for a year costing me £150 for a piece of paper,plus £1200 for a bond and first months rent and estate agents fees
after 6 months my daughter went through hell with her violent partner he threatened to kill her and my grandchildren
police were involved also social services i need to get them out of the property for there safety,i put this into writing to the landlord and estate agent but got nothing back except i was to continue to pay the for another 6 months,i have now paid 3 months rent for a house that stands empty at the cost of £450 a month,i am struggling to pay 2 lots of rent as i only have a low paid job but dont want to get ccjs or for them to take my items from my home,that is what the estate agent said would happen if i stopped paying (north east letting) nightmare stay well clear of these people,they get any money out of you and dont do repairs.

Guest Avatar
Naomi honeypot hayes 16th August, 2016 @ 00:30

My guarantor has had a stroke and in hospital. Cam I get another guarantor?

Guest Avatar
steven brown 2nd November, 2016 @ 22:03

i was a guarantor for my step son about 5 years ago, and in that time he has moved from this house to another without a guarantor in place, my question is the letting agent know about the roof collapsing and took 3 months to get it repaired, when my step son left he told the letting agent he would pay £399 for what i dont know, but after 3 years not being in the property they have now just sent me a letter saying they going to take me to court is this legal after 3 years

Guest Avatar
Suzanne Page 9th January, 2017 @ 08:20

The short answer is no you can't"get out" of being a guarantor. By the time most people know this it's too late.

Learn and move on.

Guest Avatar
Amanda 9th January, 2017 @ 12:54

There really should be laws to protect guarantors but also tenants in some situations. Commercial tenants don't have any rights in many circumstances.

I used to rent a shop for a business with my sister and we were taken in by the landlord. Really the name 'landlord ' should be changed now as these days they are not landowners in the traditional sense. The name can often make them arrogant.

Guest Avatar
Jason Arnold 7th February, 2017 @ 19:03

I am guarantor for my girlfriend
The land landlord gave her one price then told the council another
Is this guarantee void due to the changes in the rent

Guest Avatar
Elbee 8th February, 2017 @ 09:06

You need to read the contract, but frankly I doubt this would make it void as usually increases in the rent are covered under the guarantee.

Guest Avatar
Gary 3rd May, 2017 @ 12:05

A message to all potential Guarantors.

When a landlord gives a set of keys and signs a tenancy agreement, he or she is handing "LEGAL POSSESSION" of a property that may be worth £100,000 + to somebody they don't know or may have never met before.

All they know about that potential tenant is whats been written on an application form vs references obtained + a credit check.

So they ask somebody, that should know that person a lot better than they ever will, to act as a "Guarantor".

If the person you are guaranteeing is a fine upstanding citizen, then there shouldn't be a problem.

If, however, you know the person to be a diabolical monster, that wont even buy a round of drinks without borrowing a fiver off you, smokes weed, can't recycle and urinates on carpets when drunk then you are asking for big trouble.

The original tenancy may only be for 6 months, but afterwards it becomes a Periodic Tenancy by default, which cannot be ended without a tenants consent unless a County Court Order is obtained by the landlord first.

That is why the Deeds of Guarantee are also written to avoid expiration at the end of the initial "Fixed" term.

Under the Prevention from Eviction Act 1977, a Landlord cannot legally evict a tenant, that you have signed to be a "Fine Upstanding Citizen", without a County Court Order + Another Court process with a Bailiff or High Court Enforcement Officer getting involved.

That's a minimum time scale of about 5 months, if the landlord is lucky and it costs a lot of money.

Most Guarantors that I have come across have been only too happy to offload their cretinous offspring onto my business and then start whinging when I hold them to account for their foolish actions.

Why should a Landlord have to give up LEGAL POSSESSION of a property worth £100,000 + to a spoilt, cretinous carpet pisser that a guarantor has vouched to be a Fine Upstanding Citizen?

If the people on here that complain about being held to account think about what happens.

1. You want to get rid of a "Knob head" and agree to be their "Guarantor"

2. They immediately behave like they have always done and breach a signed contract.

3. The Landlord asks them to modify their behaviour and copies you into the letter and you sit on your fat arse and do nothing to help the situation.

or you are 'Mortified' at what sweet Maisey or Elliot now get up to on a Friday night
(They were such sweet babies in their prams weren't they?)

4. The landlord invoices you to the value of your "Knob Head's" stupidity.

5. You look for the "Get Out Clauses" - there aren't any!

6. The landlord wants his property back, but he now has to obtain a County Court Order.

7. The total so far will be at least a couple of Thousand Quids, but hey lets blame the landlord, I means its their fault for not being a mind reader and feeling the tenants head bumps isn't it?

Well no quite frankly it isn't.

Its the Guarantors fault for not being honest or not being truthful.

If landlords could just evict in 7 days, it would be wonderful, but we can't, it was made illegal decades ago.

So to summarise:

If the person you are about to become a ‘Guarantor’ for, is in your opinion a fine upstanding citizen, that you can trust, hopefully, you should not have any problems about signing the deed of guarantee.

If however, they have a track record of bad credit, anti-social behaviour, drug abuse or have ”Friends from Hell”, who will make our neighbours cringe, if you sign the document, you may later be held to account for your actions, should things go wrong, with the tenancy, in the future.

Let them stay effin homeless, housing is a precious commodity, good Landlords and properties are precious as well, so please be careful what you sign up for.

Guest Avatar
Sheena Xavier 9th June, 2017 @ 15:29

Very interesting
I wished I read this before

Guest Avatar
Dianemacmillam 26th June, 2017 @ 11:06

Hi can anyone help my son signed as garentor for his sister 7 years ago he had to have a mortgage on a property she was renting since then he lost his job and was made bankrupt and had his home reporsesed .she moved out of her home last year and we have just found out that there is a ccj for £350 for a short fall in housing benefit she was paying whpt she thought was the right amount.they were unable to get in contact with him as he had moved .they could have got in contact with me as my daughter's landlord had my phone number and address but they never did.they only phoned me a month before to say her had check was ready to be done there was nothing to be done in the house as it was all decorated in the two weeks before she moved

Guest Avatar
Elbee 26th June, 2017 @ 14:27

Dear Dianne
I am not sure I have quite understood your question. But It sounds like your daughter owes the landlord £350. It is her responsibility to pay this, but if she cannot or will not then your son is liable as guarantor. Depending on how the contract is written he may still be liable even though he has been declared bankrupt.

If your daughter is owed housing benefit money she needs to get that sorted out and pay the landlord what he is owed.

If you can clarify your question I will try to help further.

Guest Avatar
Janet 28th June, 2017 @ 06:22

3 years ago Guarantor signs for couple to rent initial contract for 6 months. Rent all up to date. One tenant makes it impossible for main rent payer to remain and forces them to leave property. Main rent payer and guarantor inform estate agents. Is this now a different contract? Next months rent due in just over a week. Part of rent is paid by Housing benefit. How do main rent payer and guarantor stand?

Guest Avatar
Elbee 28th June, 2017 @ 19:32

Janet, I doubt the main rent payer can escape the contract simply by moving out so will continue to be liable for rent until the tenancy contract comes to an end. Usually some notice would be needed. If the rent is not paid the guarantor will be liable - also until the tenancy ends. Note guarantor may also be liable for any damage to property. Estate agent should be able to clarify what needs to happen to end or change the tenancy agreement.

Good luck

Guest Avatar
Amanda 28th June, 2017 @ 22:27

It appears that we have left comments on this blog which, was originally not intended for us. However, I am sad to read some of the various stories. I can only hope that someone who is considering become a guarantor researches it and find our comments.

Guest Avatar
Lisa Morris 23rd July, 2017 @ 16:03

Hi I've lived in my rented property for 10yrs and my uncle is guarantor.the property was sold to a different landlord last year the only contract me and my uncle signed is the one when I first moved in, I have signed nothing since then. Is my uncle still classed as a guarantor for my property?

Guest Avatar
Elbee 25th July, 2017 @ 15:25

Hi Lisa,
It will depend on the contract, but I think it likely that your uncle is still the guarantor. Suggest you seek legal advice if you have concerns. .

Guest Avatar
Martin 15th August, 2017 @ 10:44

I have been asked by my daughter to be a tenant guarantor in a shared house, when she starts Uni. I am married, not to my daughters mother, and my wife is the owner of the house that we live in. If I am asked as guarantor to pay off any debts, will they be able to make my wife responsible for the same debts? More worryingly, will they be able to make her take a loan against the house she owns to pay the debt if i do not have the money? My wife wants nothing to do with the guarantor agreement.

Guest Avatar
Elbee 15th August, 2017 @ 17:36

If you are 'just the lodger' in a house owned by your wife it seems unlikely that any claim can be made against the house or your wife. But you/she should get legal advice to check. It rings alarm bells that your wife has concerns about your being a guarantor. Make sure you know just what you are signing up for and that you understand the risks. It is not something you should do lightly.

Guest Avatar
Susan 4th October, 2017 @ 01:26

I have been in my rented property for 5 years 6 month I got made redundant I am claiming universal credit which will not be sorted untill end of October as it takes six weeks my rent is now due my landlord is going to take my guarantor to court for rent money as I can’t pay it until my claim for universal credit comes through this is not fair it is not my fault

Guest Avatar
Gary 4th October, 2017 @ 10:51


Your so called friends wouldn't tell you this sort of thing, but your BEST friend would.

So here goes....

Your Landlord has a tenancy agreement with YOU!
Not the Local Council or Job Centre Plus.

Regardless of your situation, your guarantor has vouched for your credit worthiness.

ie: They have vouched that you will honour the agreement and if you won't, then they have legally promised that they would.

For a landlord to have got to the, "Take em to the cleaners", County Court stage, their payment requests must have been ignored by your guarantor, which is even more frustrating.

It means that the Deed of Guarantee signed, was a 'ruse' by your Guarantor to establish a tenancy without sufficient guarantees for the Landlord, because they won't meet the promise made in good faith.

That is a bloody piss take by both of you.

Universal Credit offers a forward payment scheme for those in hardship, that means you should always apply for it, because you will always be in hardship, if you are on it.

You can't expect your landlord to bank roll the Universal Credit System, for Gods Sake.

Make some sort of contribution to your arrears, offer a bit of your time for money etc.

Don't just sit on your arse watching Jeremy Kyle, show your Landlord that you are sincere.

Stop trying to get out of your obligations and put some effort into making good the problem you have caused.

Yes, you have caused it, Universal Credit isn't at fault, its always been shite, its not breaking news, is it?

Google part-time cleaning jobs in your area, there is probably about 600 on Google that came on line since Monday.

I just did it for Wirral and there were 69,600 vacancies in 0.59 seconds.(Wow!)

Become an parcel driver,(98 vacancies) pizza parlour maid (32 vacancies), Care home operatives etc.

The pay is basic, basic, but it still helps you keep a roof over your head.

Once you hit 8 weeks arrears, your landlord can apply to a County Court for a MANDATORY eviction and a Money Order against your so called 'guarantor'.

So if you make a genuine effort, your landlord might be a bit more sympathetic.

Or you can just blame Universal Credit, like all the other contract breaching tenants that I deal with on a daily basis.

Universal Credit is designed to cause stress, that's the point! It was designed that way - you are supposed to be better off in work than outside of it.

It might only be £1.50 a week better off, but you cant spend a lifetime on it, so the sooner you are off it the Better.

Guest Avatar
Isobel 11th November, 2017 @ 08:50

I have just agreed another year tenancy, starting December, which will mean 5 years in this property. I moved in after separating from my then husband, and the agents asked him to be guarantor, which he signed up to. I was OK with that, I could understand why, and neither of us complained about it. Since then, I have paid my rent in full and on time every single month, regardless of how strained my finances are. I have a F/T permanent job, the salary covers rent & bills, and I am happy where I live. I take good care of the property, and have done lots of work in the garden (which was a mess when I moved in) and carry out minor repairs myself. I get on with the neighbours, feel part of the wider community, and have every intention of staying here as long as possible. I am almost 60, now divorced, and believe I am a good tenant. So, when the agents mentioned they were asking my ex to sign a new guarantor agreement, I must admit I felt a bit miffed. Why do I still need one? Can I ask for this to be dropped now, given I have demonstrated a good track record and have never given either the agents or the landlady any cause for concern or complaint? I don't really want to have anything to do with my ex, and I'm sure he doesn't want to remain responsible for me (which I agree with!). Any advice very welcome.

Guest Avatar
Elbee 12th November, 2017 @ 22:48

Susan, I am sorry to hear you have been made redundant. However, this is what your guarantor signed up for. I agree with the previous contributor that you should try to pay whatever you can towards the rent to avoid the guarantor having to pay. Presumably you got some redundancy pay, and it is wise to have at least 3 months salary in emergency savings to tide you over in just this kind of situation till the UC kicks in. Good Luck finding a new job. Keep your landlord and guarantor upto date with your situation. No one likes surprises.

Guest Avatar
Elbee 12th November, 2017 @ 22:53

Isobel, glad to hear you have been a responsible tenant. It's worth asking your landlord if they'd be happy not to have a guarantor in the circumstances. Alternatives are to find another guarantor, or to pay a lump sum of rent in advance (6 months is usually acceptable). I do understand neither of these are easy but thought I'd point them out. Good luck.

Guest Avatar
Pat 21st November, 2017 @ 20:20

Hi I went gaurentor for my niece for short stay private rent that was two years ago , now she's in difficulty she has three kids, she's not managed full rent but gives what she can for last few weeks , I was working then but now I'm retirired and in bad health how does this effect me , I won't renage on responsibility like my niece she's devestated it's got to this stage ex husband pays nothing towards kids , they are going to evict her in Jan any help please thank you ,,

Guest Avatar
Amanda Jane Plummer- 21st November, 2017 @ 21:07

Hi Pat,

I am sorry to hear about the position you and your niece find yourselves in. Does your niece receive housing benefit? If not she could apply. Another thing is have either of you spoken to the landlord and tried to explain the situation? I assume it is a private landlord could your neice not speak to the council about any help and or housing that may be available? What about citizens advice? Has the landlord already approached you or been to court for an eviction order? These are things you need to think about. I really hope my suggestions gelp a little bit. Also, it might be an idea for your neice to contact child maintenance. Hopefully, they could have him pay directly into her account otherwise they charge but only if he will not pay and they have to take it from source.

Good luck

Guest Avatar
Elbee 22nd November, 2017 @ 09:18

Dear Pat, I'm sorry to hear about your situation. As guarantor, you will be expected to pay any rent that your niece has not been able to cover. You may want to do that sooner rather than later to avoid the additional burden of going to court. Like Amanda, I suggest your niece investigates what benefits she's entitled to and contacts the child support agency to try and get some money out of the ex. I suspect that won't be a quick process though. It will be hard for your niece to find another private landlord if she has rent arrears so she will probably have throw herself on the mercy of the council. This is a horrible situation and you have my sympathy. Wishing you all the best, and I hope your health improves. Elbee

Guest Avatar
stuart 22nd November, 2017 @ 21:38

Hi i have a twist to this, As a Guarantor who is assured that the tenant they are guaranteeing is good and will pay and we be an outstanding tenant. But what guarantees does the Guarantor have ? we all know things can go very wrong through no fault of their own redundancy, problems with benefits, ext. My main question is, Can the Guarantor draw up an agreement contact with the tenant that any cost incurred can be redeemed/recovered at a later date ?

Guest Avatar
Amanda Jane Plummer- 22nd November, 2017 @ 22:33

Hi Stuart,

I know what you mean but that would be outside the tenancy and nothing to do with the landlord. I would imagine it could be done maybe even with a witness and / or a solicitor.It would also no doubt depend upon the relationship between the tenant and the guarantor. It might be a family member. In that case would you really like to keep to suca document and if for some reason you are not paid back would you be prepared to enforce it? Hope my reply helps but, of course I am not an expert but have done some contract law and been stung by a commercial landlord previously.

Guest Avatar
Bridget Frew 17th April, 2018 @ 09:00

My husband became guarantor for our daughter and her fiancé. As they are now a married couple will they need to amend the lease to change her name and will her dad still be liable as guarantor?

Guest Avatar
Betty 17th April, 2018 @ 12:35

I went guarantor for my grandson, his partner and their two children.I asked before signing what would happen if the pair split. I was told by the estate agent, and all concerned were present , that that would mean a new tenancy. My grandson was made to leave the property after paying the months rent in advance for June 2017. There was no abuse of any kind, the partner just did not want him anymore. After several requests to the estate agents,they still will not remove my grandson,s name from the lease and refuse to draw up a new tenancy even though they would have filled in new Housing benefit forms for the partner, who now gets tax credits as a single parent. There is also a new boyfriend who moved in two months after the separation. I do not think the estate agent is passing on the letters to the landlord. How can I stop being a guarantor? There never was any problems with rent or damages to the property before and as far as I know after the split. BUT I now wish to stand guarantor for my grandson and he needs his name taken off to be able to enter into another tenancy. HELP PLEASE. By the way I am retired so no income other than Old age pension.

Guest Avatar
Linda 17th April, 2018 @ 13:35

Dear Bridget

If unsure, seek advice from a lawyer but I think no, you don't have to tell them of the name change (though it would be courteous to do so), and yes your husband is still liable as guarantor.

I hope this helps.


Guest Avatar
Linda 17th April, 2018 @ 13:36

Dear Betty,

So sorry to hear this. It must be a worry for you. Have you tried talking to the estate agent yourself? Perhaps drop in and see if they will explain why they haven't drawn up a new tenancy agreement. Otherwise I think you will need to consult a solicitor.

Just a word about acting as a guarantor for your grandson again - given your low income, are you sure you are able to cover the rent if anything happens? You might want to think very carefully before entering into another agreement. However trustworthy your grandson is, he could still get made redundant, or fall ill, and then you would be liable for his rent.

Good luck.

Guest Avatar
Betty 17th April, 2018 @ 14:47

Hi Elbee, Thank you for your comments.Yes I have had many telephone conversations and written numerous letters to the estate agent, advising of the wording on the lease ,which says certain changes to the original occupants and how it would be in the best interests of the landlord to have a new lease drawn up. My grandson and I have done all the necessary advisories but the only answer I get is to seek advise about my duty as a guarantor. The estate agent is very rude and I do not think she has been passing on the copies I sent in a separate envelope as the last two were sent 1st class signed for and only the one addressed to the agent actually was signed for. The lease states that all letters written to the landlord and addressed to the agents will be deemed as being received. I was quite happy to stand as guarantor as I knew my grandson was a responsible person. He pays the correct maintenance for the children he has them two days a week and feeds them. The problem we have is that if the new boyfriend and another sub tenant (advised another person living at the property by the estate agent) decide not to pay the rent or do damage to the property then the agents are saying that I am liable but I did not sign up for this situation, I signed as the grandson his partner and two children live in the flat, the names as written in the lease.The estate agent has gone back on her word that should they split then it would be a new lease. I cannot understand why she will not have the grandson s name taken off the lease when the housing benefit forms would not have his name on the HB claim. According to the estate agent there has never been a rent increase? This would be another reason for a new lease. I despair.

Guest Avatar
Gary Dully 17th April, 2018 @ 17:56

Betty, firstly, you should obtain Independent Legal Advice about this matter.

The way I am reading this, is that you are the guarantor for a lease agreement for parties A&B.

If either one of A or B has 'Legally' ended the agreement and it was a Joint tenancy, the whole tenancy has legally ended for both parties A&B, followed by the guarantor.
Any debt or damage at that point you are all still liable for!

If its in the "Fixed Term", nobody can end the agreement, without all other parties consenting to it, that includes the guarantor.

Lets say Party A stays and Party B now lives elsewhere, if the tenancy is still in its "Fixed Term", then party A or B & Guarantor are still liable.

Outside the fixed term, it can change.
If your grandson wants to end it, he gives 4 weeks Written Notice, after which the tenancy "Legally" ends, for all of you.
Get the service of the notice witnessed by any adult over the age of say 25 and get them to sign or photograph them doing it.(Hand deliver it to the agent)
If he doesn't want to give notice, (rather stupid), he can leave on the last day of the "Fixed Term", but he had better get the procedure right or it will fail.

If he is past the "Fixed Term", no notice is valid, unless its in writing and is a minimum of 4 weeks duration, from a tenant or 2 months duration from a landlord.

The remaining party B and possibly C,D,F or whoever, need to draw up another agreement and obtain another suitable guarantor.
Because the Joint tenancy ends as soon as the proper written notice expires.

If the "Fixed Term", (Usually 6 or 12 months), is still running, your stuck.
If there are sub-tenants, without consent by the Landlord, that is a breach of tenancy and you would be liable and so would your grandson and his girlfriend.

If the landlord is accepting rent for the property, from anyone other than party A&B or their agent, the landlord is breaching the tenancy, by disturbing your grandsons quiet peace and enjoyment etc and is liable for breach of contract.

By accepting rent from an additional tenant, they have created a "Tenancy by Statute" and the additional party is entitled to protection by the state, from eviction.

If the landlord is living there, there shouldn't be any AST agreement, in that case its called a 'licence' and requires usually 1 -4 weeks notice to quit from any party, dependant upon the original agreement. If its not stated, then its deemed to require a "reasonable" period of notice, (usually the rent interval).

If the ex-girlfriend is humiliating your grandson, its NOT the landlords fault, she is breaching the agreement, but all parties are liable, until the tenancy legally ends.

Its a mess, because people are re-writing tenancy agreements in their skulls and not on paper.

That's why being a guarantor is risky, but not as risky as it is for the landlord, who probably wonders what the fu*ck is going on, who is this in my property?, are they allowed to live there?, have they passed the "Right to Rent" checks?, why am I in this effing business?

Your grandsons love life, should not form part of that contract, it should have been signed by adults, not 15 year old kids!

So somebody needs to get a grip, that is an asset worth maybe £100,000+ and the people, you have vouched for, living in it, are a bunch of irresponsible buffoons, that need to realise, this isn't a game!

The courts will side with the person NOT in breach of the contract, they wont give a fig about who did what, to who and why?

I hope that helps!

Guest Avatar
Betty 17th April, 2018 @ 19:44

Thanks for your comments Gary. First I must say the grandson is not really worried about the new boyfriend. He says he is a good guy and has no worries about the fact that his relationship has ended. The problem is that although the grandson has written giving notice of him ending his tenancy, also kept the agents up to date on all matters. The agent (Not the landlord) refuses to take his name off the lease saying "he cannot walk away from his responsibilities", they have been informed by e mails telephone calls and letters that he was forced to leave the property. It was either leave or create a hostile situation and he would not allow his children to be in such a situation. The landlord does not live in the property it is a self contained flat. The agents mentioned a name of someone living there but say it has not been confirmed by the ex partner. This is nearly a year on and the grandson's name is still on the lease? The occupants of the flat are not irresponsible buffoons they pay the rent on time and no damage as far as I am aware.
This is not a fixed term tenancy it is a shorthold tenancy for 6 months.

Guest Avatar
Gary Dully 18th April, 2018 @ 09:26

In which case Betty, the letting agents are taking the piss, or don't know what they are rambling on about.

The law is simple,
If your grandson has gone into a contractual periodic tenancy, it runs from one payment period to another, to another, to another and so on. (Periodic).
If he signed for 6 months, and your now in say month 7+, it is now a periodic tenancy or contractual periodic tenancy, BY LAW!

If he is still within the 1st 6 months, the agents are correct, he cannot escape his liability and should give written notice for the last day of that "Fixed Term", (6 months), although by law he doesn't have to, for that one particular day, he would be bonkers not to.

Once past the 6 months, his tenancy turns from an AST to a Statutory Periodic Tenancy, By LAW!, unless another agreement is signed into.

So if his rent day is a Saturday and its weekly, he gets a new weekly tenancy on a Saturday and it ends every Friday. That's 52 periodic tenancies a year!

If its monthly, it ends the day before his rent date and starts again on his rent day. That's 12 periodic tenancies a year.

He ends any 'Contractual Periodic Tenancy', by giving a MINIMUM of 4 weeks written notice, BY LAW!

That's it, no permission required from the landlord.

Get it in writing, serve it, (deliver), on the agent, witness it being done or get them to sign the receipt of it.

4 weeks later that tenancy has legally ended, FOR ALL PARTIES that signed it!, he must however, give back the keys so he cant be accused of "Holding Over", (Different Subject).

The liability is for the period up and until that notice end date, for you, him and his girlfriend.

Meanwhile, the landlord, or his agent, should, create another tenancy agreement, (Fixed Term 6 month AST), for anyone else living in the property afterwards, make arrangements for security etc.

As for your guarantee, most say, that it carries on for as long as a legal tenancy exists for the property, but I don't know the wording of your deed of guarantee.
So if the joint tenancy ends, so will your guarantee, unless you signed something unfair, in which case seek legal advice.

After the notice it will end, by LAW!

The agents are talking crap.

If they ever dared to make a legal challenge, it would probably be struck out.

Get Independent Legal Advice, from Shelter, CAB etc.

There is also a Government Booklet on ending a tenancy issued by the government,
"Notice that you must leave
a brief guide for landlords and tenants"

Guest Avatar
Carolyn 27th April, 2018 @ 09:49

If tennant is commiting crimes would the letting agent need to know? Would they give notice to the tennant?

Guest Avatar
Gavlaaa 21st May, 2018 @ 19:20

Never do it , you have to realise why they are a risk and what type of people they are . I have had my fingers burnt .. just ff em off . I wish I did , its now affecting my credit score and they want to take me to court because they never paid the rent in full which was agreed .

got money for drugs and beer though eh

Guest Avatar
Pops 25th June, 2018 @ 13:58

My wife signed as guarantor for my son in August 2017 and was told it was for 6months, she stated that after that period she intended to retire, at the time of signing she fitted all criteria to act as guarantor, ie earning above the required amount requested, after 6 months she had not heard anything so wrote to the letting agent stating that as of 6/7/18 she was retiring & no longer fitted the criteria to act as guarantor even though we thought the initial 6 months was up on 1/2/18
On Friday 22/6/18 she received an email from the letting agent requesting an electronic signature to continue as guarantor, she has refused stating she no longer fits the requirements & would be unable to pay any debts, this is not a case of off loading a deadbeat just completing the initial agreement & doing the right thing by informing everybody concerned as she stated this was going to happen back in August 2017.
Surely she is now released from any obligation as guarantor .

Many thanks.

Guest Avatar
Caro 26th June, 2018 @ 17:15

Can you pull out of being a guarantor before the tenancy contract actually begins? Student let that has suffered irrevocable breakdown between the parties before they have even moved in. AST I understand we can’t get out of but can I withdraw as a guarantor as the contract hadn’t yet started?

Guest Avatar
Elbee 26th June, 2018 @ 17:31

Hi Caro, you need to read the contract, but typically the guarantor contract runs alongside the tenancy, so if the tenancy goes ahead so will the guarantee, and then its nigh on impossible to get out of. Seek legal advice if you are unsure. Good luck. Elbee

Guest Avatar
Lizzy 19th October, 2018 @ 17:33

Hi I acted as guarantor for my daughter and her boyfriend when they took up a lease on private rented accommodation. The reason a guarantor was needs was because neither had rented before, both living with parents previously. They have rented without issue for over 18 months. I an due to retire next year so have drafted a letter to the landlord to say that I want to withdraw as guarantor, for no other reason than I would not be in a position to cover the rent if there was to be a problem. I don't envisage that there would be but who knows,. If he refuses to release me from the contract then I assume that the only way for me to get out of this would be for the couple to give notice and then to leave the property? Since they have now renewed for this period with no problem, I hope they would be given a chance elsewhere without a guarantor, does anyone know?

Guest Avatar
Elbee 19th October, 2018 @ 19:05

Hi Lizzy,
Its unlikely the landlord will release you from your obligations unless there is another guarantor who can takeover. Yes, tenants leaving would certainly release you but they may find it hard to rent somewhere else without a guarantor, depends on the landlord and their circumstances. Paying rent up front may be an acceptable alternative to a guarantor but the tenants would need to find at least 6 months rent upfront. Good luck and enjoy your retirement.

Guest Avatar
Kay mcmanus 10th November, 2018 @ 11:47

Hi in early 2014 my dad signed to be a guarantor for myself and husband to rent a house from a private landlord. Since we moved in we have never missed a single payment or been late. My dad is due to retire next year and is concerned about his responsibilities. Whilst I can assure that there will never be an issue with unpaid rent he would like to know if that we have been renting for nearly 5 years without a single issue if he is still required to be a guarantor. I don’t want him to worry so said I would See if anyone can give any advice. The reason a guarantor was needed in the first place was due to debt when was with an ex partner that I became liable for.

Guest Avatar
Elbee 10th November, 2018 @ 13:31

Hi Kay, the short answer is that your dad will still be the guarantor for as long as you are in this tenancy. Possible ways out, find another guarantor or see if, given your good record, whether your landlord might be prepared to do without a guarantor (unlikely I fear), or if feasible,could you pay six months rent up front instead of having a guarantor. Good luck Elbee


Please leave a Comment...

















Your personal information will *never* be sold or shared to a 3rd party. By submitting your details, you agree to our Privacy Policy.

Popular Landlord Categories