How Do I Stop Being A Tenant Guarantor?

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.

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?

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.

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.

Regards
Elbee

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.
Regards
Elbee

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.

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!

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.

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"

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

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

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.

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?

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

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?

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.

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.

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

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?

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.

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?

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

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.

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.

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.

Thank you both for your opinions.

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

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?

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.

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.

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.

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.

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.

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

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.

@Craig,

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

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...

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!

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.

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 ).

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...

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?

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.

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.

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.

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?

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.

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.

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.

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.

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