Guarantor Query

[1kayvee]

I agreed to be a guarantor for a friend on a house for 6 months. The 6 months is now up and my friend is keeping the tenancy. I called the letting agent to confirm that I was no longer guarantor to be told that as the tenancy had been continued, so does my guarantor status until they move out. We were both alarmed by this as I did this as a favour. There have been no problems at all, but I would like to get my status as guarantor removed, really for my own peace of mind. Has anyone else been in this situation and what did they do. Thanks for any help

[Ethel]

Have you got a copy of the paperwork you signed?

If it includes anything similar to:

"This Guarantor Agreement refers to the current tenancy being undertaken and any extension or renewal of that tenancy."

there is nothing you can do.

You need to read the legal documents.

[1kayvee]

Hi Ethel, yes I do have the paperwork, it says when the tenancy starts and finishes, then it says BUT IT MAY CONTINUE AFTER THIS DATE UNTIL THE END OF A NOTICE GIVEN BY US OR YOU but that seems to refer to the tenants and not the guarantor? It is an Assured Shorthold Tenancy. The only way out seems if she can transfer to someone else. Thanks for your help.

[hev]

My husband did the same thing for an ex friend over 5 years ago. (6 month tenancy) last month we received a court summons for �4500 for rent & damages. Apparently the guarantor stands while the tenant remains in the same property. We hadn't even seen this person in 4 years and had no idea. So we are just waiting for the court date. Our only hope appears to be that my husband signed guarantor on a joint tenancy and it appears that in 2003 a new single tenancy was drawn up when the persons husband left her. I am not sure if you can write and confirm that you no longer wish to stand as guarantor you can try that. But like us I think you might be stuck with it.

[1kayvee]

Thanks Hev, sorry to hear your troubles, I will try with a letter though, can't do any harm. Thanks and good luck

[themas]

Did you just sign a copy of the tenancy agreement, or was there a separate guarantee document you signed?

If it was the former, and the only relevant wording was what you quoted then you appear to be committed until the tenancy ends. (Without seeing the context I can't be sure, but it looks as if the wording you quote is standard wording allowing the tenancy to continue after the end of the 6 month fixed term.)

If you did sign a separate guarantee document then the terms of that are what apply to you - not the tenancy agreement unless the one document simply cross-refers to the other.

hev: If you are right and the tenancy your husband guaranteed came to an end and was replaced by another which he did not guarantee, then the only rent arrears he can be chased for are any which arose during the course of the original tenancy. However, you will have to have documents to prove to the Court that this was the case. (An exception to this would be if the guarantee he signed was worded so broadly that it covered any tenancy entered into by either of the original tenants. However, this would be most unusual.)

[1kayvee]

Hi Themas, I just signed the one document, the tenancy agreement, so it looks like I'm stuck with it I guess? I cannot believe that they can hold you to something like this long term, and there is nothing you can do, others beware, naively I assumed if tenancy continued after 6 months more paperwork would be completed, which obviously I wouldn't have signed.