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visualart
21-09-2006, 14:16 PM
My mother has signed a guarantor agreement with a lardlord through an agency on behalf of my sister.

Her junky boyfriend is spending the housing benefit and my mother is having to pay the rent.

In October 2005 when the tenancy began my mother was asked whether she wanted the guarantee to run for 6 or 12 months.

Upon signing the document she noticed the guarantee did not stipulate the length of the fixed term, so next to her signature she wrote (in the same pen) 12 months guarantor only.

Recently she telephoned the agent and said that she was no longer guarantor from 10.10.06. They have told her that she will be guarantor as long as the tenancy lasts.

Now I suggest this agent is a crook and I expect any agency agreement will have been fiddled by now.

Can I get round this by serving notice to quit etc??

All help would be greatly appreciated.

MrShed
21-09-2006, 14:20 PM
Doesn't sound like the agency has a leg to stand on, as the contract was in effect changed by your mother. However, she should have had the contract itself altered to specifiy a time limit, so I am not 100% sure on this. What do you mean by notice to quit? Who would you serve it on...you are not the landlorD??

visualart
21-09-2006, 14:30 PM
Hi Mr Shed.

No i am not the landlord.

By notice to quit I mean, give notice to the LL's agent, in writing, that the guarantee runs out on 10.10.06, as signed by them and therefore my mother has no further liabilities for the rent from the date that the contract expires.

I would also suggest asking for a full inventory to be done on the date of expiry?

T

MrShed
21-09-2006, 14:42 PM
You can't unilaterlly decide that you are no longer tied into a contract that was signed. The question is whether your mothers alteration is valid or not. If it isn't then there is nothing she can do I'm afraid.

visualart
21-09-2006, 14:48 PM
Yes I know that, therefore I suppose it is a matter of interpretation. They are saying it is not a fixed term and we are saying it is. I suppose it is one of those arguments only the court can decide, if we want to take it down that route, but then that is what they are relying on, i.e. that we won't issue proceedings!

Many thanks for your input Mr S.

MrShed
21-09-2006, 14:50 PM
To be honest, I would probably just cease payments at that date. See what they do. Chances are they will do nothing.

visualart
21-09-2006, 15:27 PM
Ah ... I think I missed a little bit of info out.

When my mother signed the agreement (at the office) and wrote the extra bit on, the agent then signed and then took a photocopy of the original. They then gave the original copy to my mother and kept the photocopy for their records.

My mother had someone with her when the contract was signed.

Worldlife
21-09-2006, 15:36 PM
To be honest, I would probably just cease payments at that date. See what they do. Chances are they will do nothing.

Regardless of the legalities your mother has to decide whether she wishes to protect the security of her daughter or protect her own financial security and that decision can only be made in full consideration of mother's financial circumstances and how much she has or will need to make towards rent arrears.

Once the rent stops coming in, and if there is no valid guarantee, the landlord has an option to serve a S21 Notice on the tenant requiring possession of the property. This will no doubt happen if there are rent arrears and the guarantor has stated she is opting out on the basis that the guarantee is flawed.

OTH if it can be proven that the guarantee is valid then the guarantor could be liable for rent arrears until the date the property is vacated if the tenants ignore a valid notice requiring possession

Cross posted with OP's last message.... the guarantor agreement signed and amended by both parties is probably valid. Did the AST which the guarantor should have been shown at the time of signing the guarantee document correctly stipulate the rent and the period of the tenancy?