How do I get out of being a guarantor for a Tenancy Agreement

[brunel]

My sister needed to find rented accommodation and I stood guarantor for her.

The Tenancy Agreement states that I would be required to be a guarantor for 12 months and month by month thereafter.

The Agreement commenced in October 2006, she is now in 3 months in arrears.

I wrote to the Letting Agent giving one month's notice of my intention to withdraw my guarantee (irrespective of the consequences of what happens to my sister - I feel that I have done "more than my bit!") only to be advised that I cannot get out of the Agreement until she leaves the property. I asked my sister to give notice to quit and she has refused to do so! Please help!!!!

I know that I should not have entered into such an Agreement but what could I do as she was so desperate?

[misundrstood]

read the agreement but read it several times as you can miinterpret somethings i think you may find that you are liable for the arrears and arrears only and your withdrawal from being guarantor is valid im no expert but let me no what happens please as this i find interresting good luck

[Eve]

If you sign as a guarantor then she obviousy didn't have the appropriate credit rating to take on the tenancy without a guarantor that the letting agents could go after for any money owing if she couldn't pay.

I'm guessing this is the only way she could get a tenancy agreement from them and as she is now in arrears it is very unlikely they will release you as being a guarantor as this is the only way they may be able to get their money back.

I would assume the only way out of being a guarantor would be if she gained the appropriate credit rating that they were happy for her to have her own tenancy agreement without a guarantor and she could negotiate a new tenancy.

This does not seem likely as she is 3 months in arrears.

I think you're stuck until she leaves and the letting agents have every right to come after you for arrears and you signed the agreement of your own free will.

If you can't get her to leave the tenancy willingly you could maybe look into the possibility of getting a court order to force her to end the tenancy, which will incur additional costs though if she's not paying her rent and won't quit it may end up cheaper in the long run.

Maybe threatening court action may make her think more, I know it might be hard as she is your sister but you didn't have to sign as guarantor inthe first place.

May a harsh lesson to be learnt I'm afraid :(

[misundrstood]

ive got the guarantor issue going on with my sons loan and im not looking like a winner at the moment so jenna certainly looks like being right

[misundrstood]

also am i right in thinking you can get half hour consultation with a solicitor free so they can assess your case if so then maybe try that it may put your mind at rest or not but whatever the outcome you would know your rights with this issue

[LAW_DROP-OUT]

by you being the "garantor " ...effecetively , you are "taking " , all the legal responsabilities, for the tennacy ,,, ie Damage to property , and rental payments ,,,,, the only way you can get out of it , is when your sister leaves ..or the landlord , will keep her there with you as gauarantor ...

[studaples]

turn your sisters place into a brothel than send round as many dirts you can find!!she will soon move