How Do I Stop Being A Tenant Guarantor?

Stop Being A Tenant Guarantor

Common problem, common question.

Unfortunately, the question is usually asked by weepy-eyed do-gooders that were only too happy to accept liability if any rental debt is incurred by a loved one, no questions asked. That’s usually the problem, that no questions were asked, and most people don’t actually realise what they’re signing up for when agreeing to being a guarantor. When reality does hit home, they often want out.

The reality being that the Guarantor only vouched for sweet and responsible Elizabeth because they NEVER imagined she would ever rack up any debt with her landlord. She has. Now the Guarantor needs to step up.

Horrible lesson learned. But now, how do you stop being a guarantor for a tenant?

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. However, sadly, 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?

127 Comments- Join The Conversation...

Showing 77 - 127 comments (out of 127)
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Sarah wakefield 8th January, 2019 @ 14:14

I stupidly became my friends guarantor in 2017 as they were about to beconr homeless. Her and her husband have 3 kids. At the time I thought I was doing a good thing by helping them. Until Nov 18 they had been paying their rent and had no problems. But, since Nov 18 I have had letters from their letting agency about the arrears which is over £1,000. I know that I am liable for this but I just don't know how I'm going to pay for it as I'm struggling a bit myself as my hours at work dropped quite a lot since I signed the garantee.
Would I be able to get out of being the guarantee once I've paid the arrears off?

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Elbee 8th January, 2019 @ 16:16

Hi Sarah, sorry to hear of your situation. Unfortunately all too common. I assume you have spoken to your "friends" about the arrears and how they have arisen/how they are going to pay their rent in future. It will depend on how your guarantor contract is written but usually they are set up in such a way that you can't get out of it. You may end up owing a lot more money, until eventually the landlord ends the tenancy. Your best bet is to seek legal advice as soon as possible and try to persuade your "friends" to pay. I am sorry to be the bearer of bad news and just hope others thinking of becoming guarantors read this so they know how things can easily turn out badly. I wish you the very best of luck.

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Karen 31st March, 2019 @ 17:39

My husband and I signed up to be guarantors for my daughter and her boyfriend. Six months have now passed and they've gone into a periodic tenancy. All this is fine under the terms of the deed of guarantee. However we have heard from my daughter they have increased the rent without contacting us. Is the guarantee still valid?

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Elbee 31st March, 2019 @ 19:03

Hi Karen,
You would need to examine the wording on the guarantee but the answer is almost certainly "yes". Usually rent increases are covered.

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Monika 22nd May, 2019 @ 07:09

Hi, I've agreed to be a guarantor for my friend, I did it first because I feel like I can trust her because she is working full time in my factory, she have a extra job at weekends at shop and she is receiving a universal credit for he two teenage kids, she is going through divorce with her husband. The only thing is I dont feel like I want to do it, she signed the agreement, she moved to the property 3 days ago, 5 days ago she told me that she got message from the agent that I can't be her guarantor because Im working part time, I thought its over but just yesterday she told me that they told her that I can be her guarantor, Im not happy about it at all. She said that she have some paperwork for me to sign. Have to say that all this renting process is very unprofessional from very beginning, many misunderstanding, after filling the form for guarantor agency start sending me emails and treating me as a tenant, but as I found on internet its working this way. I dont know what to do now because even if I said I trust her its always some risk but I am a single parent, my son is 5 years old, Im working part time, receiving a working and child tax credits, child benefit and housing benefit, many times struggling with payments and now this big responsibility is like seriously scary and the fact that the agency is acting not clear. I told my friend that Im not sure do I want to do it, but she puts kind of pressure on me by telling me that I dont trust her and I its looks like I have no choice, I dont know what to do now, because Im worried about the future of myself and my son but I dont want to take this risk. Can you give me some idea please. Thank you in advance.

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Gary Dully 22nd May, 2019 @ 07:53

If you don’t want to be a guarantor then the answer is simple.... don’t do it.

Your so called “Friend” is already calling you names for Gods Sake.

How come out of a population of about 70 million in this country, she can only find you to legally vouch, on paper, her ability to maintain the terms of a tenancy agreement?

No mother, father, employer, friend, ex neighbours are willing to take the risk.

What about a local council bond or a deed of assurance etc?

Being a guarantor is voluntary, not mandatory.

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Elbee 22nd May, 2019 @ 14:03

Dear Monika, sorry to hear you have been put in this awkward situation. Gary is right - don't let yourself be bullied into this. The consequences could be dire for you and your son. Who do you value more - your son or your so called friend? From what you have said about your situation you are not really suitable to be a guarantor anyway. Say no, firmly and clearly and don't change your mind. Well done for reaching out for help - now stay strong. Good luck.

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Monika 22nd May, 2019 @ 17:15

Thank you both for your opinions.

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Pauline 26th May, 2019 @ 23:59

Hi,
I'm about to become a guarantor for a family member. I'd like to know if my responsibilities will include being liable for unpaid council tax and utilities as well as rent and does my responsibility end after the initial 6 month term as I dont want to be guarantor after that. Thank you

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Gary 27th May, 2019 @ 00:56

Your guarantor for the landlords benefit, not the councils or utilities suppliers benefit.

However, many deeds of guarantee state that your liabilities will continue for as long as the tenant remains a tenant of the property and not just the initial fixed term.

Does the person you’re guaranteeing suddenly go rogue after about 6 months or something?

This is so frustrating when dealing with guarantors, they need to understand that landlords rights to regain control of THEIR PROPERTY requires a county court order and is an absolute nightmare of a process, that takes up to 5 months.

if the tenant they take on is a bloody idiot.

You are about to guarantee someone the landlord doesn’t know or possibly has never met.

Is this person an absolute twat or a fine upstanding citizen?

You know this person, would you give them control of an asset worth £100,000+ That you owned?

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Elbee 27th May, 2019 @ 07:34

Pauline, you shouldn't be responsible for the bills but you could be responsible for more than six months. As Gary points out it can take a long time to evict a tenant in the event of problems and you are also likely to be responsible for the costs of any damage if the tenant can't/won't pay. You need to read the contract very carefully and ensure you fully understand what you are signing up for. Usually it's very difficult to get out of these contracts and you could be liable for years and years. Unless you have lots of money behind you,and total trust that the tenant will do their utmost to pay their rent whatever the circumstances then don't sign. Remember you may be called upon to pay up through circumstances that are out of the tenants control - if they lose their job, or get sick. Think about it really carefully and seek legal advice if you are unsure. Good luck.

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Debbie 29th July, 2019 @ 19:48

I have just found out my vulnerable son has been talked in to being a guarantor for a friend he knew from college. My son has been living with his auntie in the lake district for the last 3 years and came home in March after a mental health breakdown. He has become guarantor since he came back home, and has been sent an electronic form.to sign. He doesn't leave the house and is on universal credit.
It has only become apparent as I found and email from the housing landlord company stating his friend owed £467.64 of outstanding multiple installments towards his guarantor service fee and another email today, stating a default notice that it has gone up to £530.00 and default of rent. Obviously I am in full control of all my son's paperwork and emails, since May this year due to another breakdown and crisis team becoming involved.
I have not logged on to his emails for a while, but looking at the e-document there is no address of ours on there only my son's email address.
What is the standing on this document? As (a) vulnerable adult(mental issues and not responsible for own money)
(B) cannot look after himself, never mind take care of somebody else's rent.
I for one think it is unenforcable and the legality of it is non-existent.

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Elbee 29th July, 2019 @ 21:38

Dear Debbie, I think you need to seek legal advice asap. This sounds like too complex an issue for this forum. Sounds like the friend and landlord, or whoever set this up have acted very unprofessionally and unethically and the contract may well be unenforceable. I wish you and your son all the very best and hope he recovers from his health issues.

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Gary Dully 29th July, 2019 @ 21:59

Hi Elbie,

1. Seek legal advice
2. Was the deed signed, witnessed properly ? (If not, its void and not a valid deed).
3. Get hold of his “friend “ and ask him WTF are his or her intentions?
4. Apply pressure to the tenant and see if they surrender the tenancy, in writing, without a repossession hearing.
5. Offer some sort of offer to the landlords, in writing, for full and final settlement.
6. No landlord in their right mind uses a guarantor that has no status. It could be the case that the tenancy was obtained by deceit, misrepresentation or fraud.
7. Stop blaming the landlord, the bloody tenant has knowingly caused this mess and unless the tenancy is surrendered the landlord has no choice than to start court proceedings to get legal possession of their property back.
This aspect is not a debatable matter, it will end up in front of a judge.
8. Hope this helps.

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Elbee 30th July, 2019 @ 07:07

Hi Gary, thanks for your input, I agree with the points you have made. Would just point out that I wasn't blaming the landlord (I was careful to say 'or whoever set this up') and I didn't get the impression the original questioner was either. I have been landlord, tenant and guarantor and seen it from all sides and there can be unethical and foolish behaviour from any of those parties. I don't know enough about this case to apportion blame anywhere. Hope that clarifies things. Have a great day.

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Craig bradwell 2nd August, 2019 @ 16:50

Hi

My dad was guarantor but has retired and told lettings agents he will no longer be guarantor. They have told me the tenant either get a new guarantor or goto deposit tenancy. I have disabled son and everything setup and don't want to move we'll won't be able to afford deposit. What are chances landlord will let me stay having been a great tenant for flve years and at one point nearly 500 in credit on rent

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Gary Dully 2nd August, 2019 @ 20:47

Hi Craig,

If your dad signed a deed of Guarantee, normally they state that it cannot be cancelled even if he dies or becomes bankrupt.
That’s because he just effectively made you homeless on a whim.

That isn’t fair on you or your landlords is it?

So you have been offered a way to renew a tenancy and you take the view that because you’re occasionally ahead in rent, it matches the asset value of your landlords property or a potential eviction process of about 5 months duration.

If your landlord is a sentimental old idiot, they may accept your history as making you an ideal tenant.

Quite frankly I have little sympathy for guarantors that ruin tenancy agreements.

But what matters is what he signed in good faith.

If the deed was witnessed and he declined to take independent legal advice at the time, signing to say so, he’s still a guarantor.

Give your landlord a break and offer some sort of security for gods sake.

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Benji 3rd August, 2019 @ 19:36

@Craig,

If your Dad doesn't trust you enough to pay your rent, why should your landlord?

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Prenumbra 19th August, 2019 @ 21:48

I am curious. If only notice from a tenant or his death (if he/she does not want to move from the house but do not pay for it) can only finish being guarantor, so the law forces guarantors to kill the tenants because it cannot end another way... What if a tenant moves to Africa but he will not notice his rent agreement or he will go to the prison, what then? This will never end? This is the best business for landlords ever, he/she will not evict that tenant because the guarantor will pay rent forever even the tenant is not there. Is it right? Is only the death of tenants free guarantor?... Crazy law...Force for precedence...

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Liz 20th August, 2019 @ 05:55

Hi I posed the question and eventually what happened was that I approached the landlord to say that since I was retiring, I could no longer act as guarantor. I pointed out that the tenants had been faultless for nearly two years and said that I hoped he would allow them to remain without me being a guarantor. He finally replied by email to say this was fine. Of course I am holding on to a copy of that email!

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Gary 20th August, 2019 @ 07:32

Prenumbra,
If the tenant goes to prison they are protected from eviction by the law, provided they pay the rent or the guarantor does.

Otherwise everyone in prison and their families would be made homeless.

As for going to Africa, if the tenant won’t give notice they have to be evicted through the courts, because they are entitled to a hearing in front of a judge,

It’s a procedure that cannot be taken away by a landlord or guarantor.

If they don’t show up and the rent arrears are high enough the courts will issue an eviction notice.

As for it being a great thing for landlords to happen, I suggest you get your head felt by someone who’s medically qualified to diagnose “fuckwitted”

As a guarantor, you have signed a deed that says, if the tenant does not meet their obligations YOU WILL.
We now have a situation, where given a chance to surrender, give notice or pay the rent, the person you vouched for is behaving like a twat.

You vouched for the idiot, you told the landlord they were trustworthy, backed it up with a signature on a deed and presumably you knew the tenants history of twatting people about,
so don’t go all misty eyed and plead that the landlord has benefitted from the arrangement, when the tenants won’t give legal possession of someone else’s property back without a court case.

It takes months to gain possession back and even then it’s an expensive traumatic experience for the landlord because they are forced to prove their case in front of a county court judge.

Quite frankly if you guarantee a prick, you deserve to be forced to pay for the cost and anguish that you will cause.

Take your frustration out on the twat called “Tenants”, who are being stupid and would abuse the protection for tenants given by statute, by refusing to do the right thing and give legal notice.

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Prenumbra 20th August, 2019 @ 10:26

Gary>> you do not know about me, so stick in you bottom your insults ok? My tenant pays all rents regularly, he knows that if he does not I sweep him out from this business. I only said to knowledge ppl who are not in my situation, what the sick law to force them for. The law is sick and misleading. The agreement suggests that guarantee will finish after 6-12 months and it does not show that it will be prolonged automatically. He/she finds out that it does not happen from the websites. The sick law does not force the landlord provides this information clearly for the guarantor in the agreement. And it is a misuse of the sick law by the landlord and even tenants (who very often believes the same way). The sickness of the law is that only mercy of the landlord even the tenant pays regularly for even many years that only mercy of the landlord of his/her hovel called possession can discharge this cord from the neck of a guarantor or the death of them. The UK has a long past of slavery and now I understand why? Because even now the British law cultivates slavery. First it creates the pathology that the ppl when they work and cannot earn enough money to buy their own home then let for the high prices for the so-called houses which looks much time like shanty for dogs, then pay bribes for governments of other countries that they damage its own industry and society, that the UK has more desperate slaves who will be willing to work for rubbish money and pay huge rent for these hovels. Poor landlords who are profited from these situations, they cannot evict anybody straight to the street or rent the one room for ppl sleeping on the rope as you have it in the British history how the poor they are. Maybe the landlords should think about forcing the British government to change the law that they will be able to use the children of the tenants or guarantors who will work for them. This thing maybe would be enough to guarantee for renting their hovels, because the deposits and a few months paying rent ahead and a good reputation of tenants are not enough... Poor you...(for those who has not to understand sarcasm in my post I send you to https://en.wikipedia.org/wiki/Sarcasm ).

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Prenumbra 20th August, 2019 @ 10:37

I will add:
"If the tenant goes to prison they are protected from eviction by the law, provided they pay the rent or the guarantor does.

Otherwise, everyone in prison and their families would be made homeless" this does not protect tenants from homelessness because he/she has a new roof over his/her head it protects the business of landlords who still have profits even the tenants have not to use their property. In this case landlord in his own business will not finish the agreement forever and the guarantor has to go to the court. The same situations are when the tenant had an accident and is in a coma in the hospital and he/she cannot provide the notice for the landlord. In also, in this case, the payment for the renting can last forever because it is a wonderful business for the landlord that the guarantor in another way then the court cannot finish this agreement. Many people before me here noticed that it is a pathology and the sick law gives landlords too many power over ppl lives...

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Kay 20th September, 2019 @ 20:30

I have been a guarantor for 18 months. This is for a close friend who had suffered financial difficulty in the past. They have income each month, although self employed and their daughter has been working full time on a permanent contract for 6 months. They seem financially stable. I would like to stop being their guarantor. How do I do this?

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Elbee 21st September, 2019 @ 17:33

Kay, unfortunately it is very difficult to stop being a guarantor. Best option would be for the tenant to find a new guarantor, but that's easier said than done. Otherwise, suggest you seek legal advice.

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Ella 9th October, 2019 @ 17:22

If I signed up as a guarantor for someone while I have retired but have a mortgage in my name and then that contract gets terminated early in turn the tenant and landlord enter a new contract for different address without me signing onto this as guarantor for new address.Landlord charged tenant insurance upfront due to them now requiring a working guarantor.Am I still liable if the landlord takes the tenant to court if I haven’t signed onto this new contract even if landlord decided to use me as guarantor without my constent.

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Jim 21st October, 2019 @ 17:48

My son and his wife have just asked us, the parents to be a guarantor for a new build rental. I stated right from the start I was 99% positive I didn't want to do it but I would seek advice from various sources. Today I rang the Landlord and asked advice on being the said guarantor to which they sent me a draft copy:

IT IS HEREBY AGREED THAT:

1. In consideration of the Landlord agreeing to my/our request to accept (“the Tenant(s)”) as the
Tenant(s) of the Property known as (“the Property”) upon the terms and conditions of the
agreement attached hereto (“the Agreement”). If the Tenant defaults the Guarantor hereby
agrees to:

a. Pay rent at (rental amount) per calendar month upon demand; and b. Fully compensate the Landlord for any loss, damage, costs or other expenses arising
either directly or indirectly out of any breach of the Agreement.

2. The Guarantee shall continue throughout the period that the Property is occupied by the Tenant
or any licensee and is not limited to the term specified in the Agreement. This Guarantee will
continue throughout the Tenancy or any extension renewal or re-grant continuation of the
Agreement whether for a further fixed term or periodic tenancy and whether it is created by
agreement between the Landlord & the Tenant or by operation of law or otherwise.

3. The Guarantor will also be liable for any increase in rent agreed between the Landlord or any
person acting on his behalf and the Tenant in accordance with the provisions of Clause 2 of the
Agreement. If the rent is increased by any other means the Guarantor must be notified prior to
the Landlord and the Tenant entering into any extension document or subsequent tenancy or
the service of any notice under section 13 of the Housing Act 1988.

4. The Guarantor’s liability is joint and several with the Tenant. This means that each will be
responsible for complying with the Tenant’s obligations under the Agreement both individually
and together; and the Guarantor’s liability will not be discharged or affected by any act, neglect,
leniency, other concession or time given to the Tenant by the Landlord endeavouring to obtain
payment; or in the enforcement of the Tenant’s obligations under the Agreement.

5. This Guarantee shall not be revocable by the Guarantor nor will it be rendered unenforceable by
the Guarantor’s death or bankruptcy.

6. If the Guarantor is a company, the Guarantor’s liability shall continue if the company changes
ownership, alters the name of the Guarantor, or is amalgamated with any other Company or
organisation throughout the period that the Property is occupied by the Tenant or any licensee
and is not limited to the term specified in the Agreement.

7. If the Tenant defaults during the initial Term or any extension or renewal of the Agreement; or in
the event of the Tenant being declared bankrupt; and the Tenant’s Trustee in Bankruptcy elects
to disclaim the Tenancy; then on demand the Guarantor will indemnify the Landlord against all
losses, claims, liabilities, costs and expenses arising out of or in connection with that default or
disclaimer; or incurred by the Landlord in connection with the default or disclaimer.

8. If the Tenant surrenders any part of the Property to the Landlord and the Landlord accepts that
partial surrender the Guarantor’s liability will continue in respect of the part not surrendered.
Any liability accrued at the date of surrender will stand.

9. The Guarantor will pay any and all reasonable costs incurred by the Landlord in enforcing this
Guarantee and the terms of the Agreement or any extension renewal or re-grant continuation of
the Agreement, whether for a further fixed term or periodic tenancy, and whether it is created
by agreement between the Landlord & the Tenant or by operation of law or otherwise.

10. The Guarantor is not permitted to ‘opt out’ of their responsibilities at any time during the term
of the Agreement unless this is specifically agreed in writing by the Landlord.

11. The Guarantor accepts all these obligations and duties imposed upon him as Guarantor.

The terms are without a doubt stacked towards the landlord in every way and TBH I can understand why in this day and age, So I've to my son categorically NO! But they are pestering me to reconsider, to the extent of getting the landlords representatives to ring me up to give 'advice'..

You see it's not the affordability, it's their bad credit rating that's holding them back, But I dont want the worry for the next possible DECADE or more of being their guarantor even if they leave part way throughout the tenancy, without notice of course.
It doesn't help when different advisers give them different advice ie: this is just a draft document, we can change it accordingly. when I ring it's No we wont change the terms, and why should they.

DONT BE STUPID, DONT BE A GUARANTOR.. It will in all probability, end in tears. Now I'm waiting for the fallout from refusing to help!! Parents just cant win can we.

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Sylvainlogie 29th October, 2019 @ 11:19

Hi,

I was a guarantor for a friend but when his tenancy was renewed I declined to sign the new contract. Does it means that I will automatically still be a guarantor?

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Elbee 29th October, 2019 @ 14:02

Ella, if the tenant has moved house I think the guarantee comes to an end along with the tenancy. Get legal advice if you're not sure.

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Elbee 29th October, 2019 @ 14:08

Jim, I feel your pain. We declined to be guarantors for my daughter (bad with money and worse taste in men). Relationship has never really recovered despite the fact we stumped up six months rent to enable her to get into the property. We know we are unlikely to see that money again, but at least we knew how much we were in going to lose. As guarantors, and with retirement looming we simply could not afford to sign an open ended contract with no way out.

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Elbee 29th October, 2019 @ 14:12

Sylvainlogie, unfortunately guarantor contracts are usually worded in such a way that you can't opt out until the tenancy ends, or a new guarantor steps in. Seek legal advice, but I suspect you are stuffed.

Those of you considering being a guarantor, read the contract and know what you are signing up for.

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Jordon 3rd January, 2020 @ 15:19

My ex entered a Tenancy assures short hold agreement with only her as tenant but the landlord had put both mine and her name on the guarantor Contract does that still hold As it has wrong information on it but still been signed by the guarantor.

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Elbee 3rd January, 2020 @ 16:16

Jordon, it's a little unclear exactly what you are asking but if it is whether the guarantor is still liable then I think you/they would need to seek legal advice. Its possible it could only be decided in a court of law. If you have any liability in terms of the rent and associated costs, I urge you, whatever the situation with your ex, to pay your fair share so the guarantor doesn't get called upon to pay up. Happy new year. Elbee

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Luis 21st April, 2020 @ 11:14

I was friends with a couple a long time ago, maybe 8 years. At the time they found a house they really liked and didn't want to lose the opportunity so they asked if I could be their guarantor because their parents couldn't at the time (can't remember the excuse). I agreed to it on the condition that they would change it soon thereafter. On that same year we had our first child and basically lost all contact with them since. Fast forward all those years and I'm asked to be a guarantor for my sister in law which I accepted. However, this prompted me to call the old estate agency which told me that I'm indeed still their guarantor. I did not understand at the time that I would be their guarantor forever as the fixed term was 12 months and they had agreed to change it. I'm paying a mortgage and don't want the extra responsibility of being the guarantor for two rents. What are my options?

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Elbee 21st April, 2020 @ 19:58

Hi Luis
Sorry to be the bearer of bad news but these guarantor contracts are set up in such a way that you can't get out of them. As your friends having been paying their rent for many years without issue, hopefully they will continue to do so. However, you could contact them and ask them to see if they can find another guarantor. Failing that, seek legal advice. If you have already signed the contract to be guarantor for your sister in law then you should be aware that you will find it hard to get out of that if circumstances change as well. If its not too late, you might wish to reconsider.
Wishing you all the best. Elbee

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Neil rushby 26th April, 2020 @ 11:26

Hi could you please help.
If a a letting agency for a property changes hands.
Do new guarantor deeds need to be signed with the new company. If not does the contract then come to an end with the guarantor

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The Landlord Avatar
The Landlord 26th April, 2020 @ 11:28

@Neil
Nope. The contract is between landlord and guarantor, nothing to do with agent.

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Neil rushby 26th April, 2020 @ 11:34

If a new contract is issued do the guarantors.
Have to resign a new contract

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The Landlord Avatar
The Landlord 26th April, 2020 @ 11:43

@Neil
Why would new contracts be issued? The current one is presumably still valid. Changing agents doesn't change anything.

You only need new contracts if the T&C's of the contract need to be changed. In any case, the guarantor doesn't have to sign any new contract if they don't want to, in which case they will still be bound to the current/original contract.

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PK99 1st May, 2020 @ 07:38

I have been reading a lot of information on different sites about guarantors and there seems to be a lot of support for landlords and tenants but to guarantors. We sign the guarantee in good faith and then are presented with contracts we don't understand. I was sent a contract to sign quickly whilst at work and assured by the agent it would be for a fixed period, this is stated in the first page of my agreement. Then in the small print it expands to say I am responsible if the contract continues after the period.
The contract was sent electronically and the signature from the agent don't match up and I am wandering if my contract is even legal now. I was only sent the tenancy agreement after my son had signed it on the day my guarantee had been counter signed.

If a guarantor agreement has not consideration for the guarantor is it no balanced only in favour of the landlord and therefore unfair.

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Elbee 3rd May, 2020 @ 14:29

PK99
Unfortunately some lettings agents are somewhat unscrupulous and put pressure on potential guarantors to sign contracts without having much chance to read or understand them, or to take legal advice. I agree with you that this system is very unbalanced to guarantors for whom it is very difficult for them to terminate the contract if their circumstances change. Guarantors get no protection under the unfair contracts legislation because that only applies to consumer contracts (which these are not). Currently the onus is entirely on the potential guarantor to make sure they understand and are comfortable with the contract and everything this involves. Personally, I believe the estate agency industry needs a code of practice (preferably backed by legislation) to ensure that they do not mislead or pressure guarantors. In your own case, I cannot comment whether your contract is legally enforceable - you would need to take legal advice on this. Otherwise, the responsibility lies with your son to ensure he pays the rent and looks after the property. Best wishes. Elbee.

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Ray. 15th July, 2020 @ 20:02

Hi , I have been a guarantor for my ex wife for nearly 2 years an recently our son has decided to come live with me as there were issues at his mother's house and because he is at an age where he can pretty much decide for himself where he wants to live (although still at school) it has caused some friction between his mother and myself so much so I have advised her that I want out of this arrangement in fairness to her she has always paid her rent but with the current situation regarding our son she has made no bones in informing me that she has no intention of paying her rent and land that responsibility on to me, I have made it clear that I just can not possibly afford to pay rent aswell as run my own home and her decision would without doubt put me in serious debt but to no avail it would seem this is how it is going to be I am going to attempt to write a letter to the letting agent and hand deliver it explaining the position and the ramifications of her intended actions in an attempt to hopefully get them to terminate the tenancy I can not stress how much pressure this is having on myself although some readers would probably say it's my own fault but given her previous home was so under maintained by that particular landlord I couldn't see her an my son on the street so I kind of felt like I had an obligation to help I didn't anticipate the situation developing into what it is now can anyone give me any useful advice if possible

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Elbee 15th July, 2020 @ 20:23

Hi Ray, what a horrible situation to find yourself in. Unfortunately, as you clearly know, you will be responsible for her rent if she doesn't pay. What she may not realize however, is that her landlord it not going to want a tenant like that, or to have to go through the hoops of chasing a guarantor for her rent. You are right to keep the letting agent/landlord informed. At the risk of upsetting all the landlords on here, you might want to not be too quick to pay her unpaid rent. Landlords are not going to want that kind of hassle and will evict her sooner or later. She will be making herself homeless. Seek legal advice as soon as you can. I wish you all the very best. Elbee

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Ray 15th July, 2020 @ 20:49

Thank you for your advice I do appreciate it

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Ray 16th July, 2020 @ 08:52

I don't know if this is relevant but since signing up as guarantor I have not had any paperwork at all no copies of tenancy agreements or copies of guarantorship or copies of property inspections could this be if help for me to end my responsibilities with this issue

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Gary 16th July, 2020 @ 10:10

Ray, when it all goes pear-shaped, remember to ask Elbee to pay your costs when you lose in court.

Your wife, whatever her reasons, is potentially, putting someone she doesn’t know out of their home, should the person your guarantor for be made homeless.

In my mind, that makes you liable for damages, depending on what you signed for.

Most deeds of guarantee last for as long as the tenancy is in force and will be written as such.

Does it stipulate that it will be cancelled, if your wife is a bit of a cow?

If you don’t have any paperwork- I would hazard a guess that you have signed that you have, because my agreements acknowledge my guarantors have read the agreement and offers them the chance to take independent legal advice, BEFORE signing.

Do you think your wife invented “awkward bitch” ?

Deeds of guarantee & their application are centuries old.

I wonder if a court has ever heard a guarantor before, saying “I never got a copy”?

Have you told your guarantee to obtain a replacement, as the landlord would be facing a breach of deed?

Read what you signed, because I bet it says you acknowledge your responsibility in consideration of independent legal advice being available or words to that effect.

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Gary 16th July, 2020 @ 10:29

My apologies Ray, I have just read your post again and realise that it’s your wife heading towards an eviction.

So basically, your wife is making herself intentionally homeless, which won’t go down well with the local council.

Depending on your landlords viewpoint, he or she may issue a summons against both of you to save on court costs via a notice under section 8 of the housing act, which will include a money order judgement.
If the landlord has to enforce the judgement with a warrant for possession both your credit files will be badly hit.

If he or she chooses to go down the Section 21 route of the housing act, there is no money order attached, (no fault eviction)

If He or she sues for breach of deed - you’re in for a judgement against your credit file, (should they win).

You have signed a “Deed” and it will have been witnessed, if not witnessed it’s not valid anyway.

But contracts can also be verbal but you’ve acknowledged it’s existence by communicating about it.

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Kevin 23rd July, 2020 @ 08:44

I signed as a guarantor for my granddaughter 7 years ago,it was for her to rent a house but last 18 months has been a nightmare,getting demands off her landlord to pay her rent arrears,then I got a county court judgement to pay her debt off monthly,of which is happening now,also they put a charging order on my house and now land registry has sent me a form for a restriction order on my house,what I would like to know is am I still a guarantor,now that I have been blacklisted by the courts and how do I get out of this guarantor

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Elbee 23rd July, 2020 @ 09:04

Hi Kevin
I am really sorry to hear your granddaughter has put you in this position but this is what you signed up for when you agreed to be a guarantor. Regardless of the CCJs etc, if your granddaughter is still in the property, you are still a guarantor and it is very difficult, if not impossible, to get out of it. The only two ways are for your granddaughter (or the landlord) to end the tenancy, or for your granddaughter to find another guarantor. You would need to seek legal advice to see if there are any other avenues open to you. Good luck.

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Erica 28th July, 2020 @ 20:29

Hi my nephews landlord has put his rent up twice without my knowledge and has taken out a new contract with him going from a letting agency to doing it privately . I have told him over a year ago i wasnt willing to be the guarantor anymore but he still insists i am . Im not sure what to do

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Elbee 28th July, 2020 @ 21:06

Hi Erica, it depends how your contract is worded but the likelihood is that you are still the guarantor. I suggest you seek legal advice. Good luck. Elbee

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