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Denise
13-09-2006, 19:35 PM
I have a question on behalf of my Dad.

Apparently, he acted as guarantor for an ex-girlfriend some years ago. She defaulted on the rent and he paid the costs. She then left the property.

The Letting Agent told him he was no longer bound to be a guarantor, but he did not get this in writing...I know...I've already told him:rolleyes:

Recently, the letting agent contacted him to tell him that they subsequently re-let the property to her (in 2003), she again defaulted and caused alot of damage. They are asking for £2400 in costs.

Is he liable?

Ericthelobster
13-09-2006, 19:47 PM
Don't you just love letting agents!

Presumably she must have re-let the property on a new tenancy agreement, and unless your Dad has acted as guarantor on that agreement as well, then he's in the clear.

Or did she - has the old agreement been left running as if she never moved out in the first place? My guess is that's what they'll wave under your Dad's nose, which would be awkward - maybe he'll need to prove she moved out? Has anyone else lived there in the interim? What is the timescale between her two periods of occupancy? Has someone else paid council tax on the property during that time?

Poppy
14-09-2006, 09:06 AM
Has your Dad kept the guarantor agreement and tenancy agreement?

Your Dad's involvement ceased when the fixed term of the original agreement ended. When was that?

Tell the agent to Foxtrot Oscar.

PaulF
15-09-2006, 07:59 AM
It ain't necessarily so!
Has your Dad kept the guarantor agreement and tenancy agreement?

Your Dad's involvement ceased when the fixed term of the original agreement ended. When was that? Not necessarily, it will depend on the wording of the guarantor agreement if it concerns any extension or re-grant of the tenancy on basically the same terms as before. Only if the tenancy has been altered to any degree would the guarantor have had to have been furnished with a new tenancy agreement, and possibly a new guarantor's agreement with it.

Tell the agent to Foxtrot Oscar.Best not to tell the agent anything yet, but to ask questions first!

Denise
17-09-2006, 18:17 PM
Thanks for your advice everyone. I agree wholeheartedly and will pass on the details.

He did not re-sign when the tenancy was re-established. I have told him to inform the agent of this and if that doesn't do the trick, he'll see a solicitor.

I've also had a word with him about getting things in writing in future!!!