PDA

View Full Version : Gaurantor Still valid when initial AST rolls into periodic?



kenco
30-11-2011, 20:38 PM
The original 6 month AST that the Gaurantor signed onto has since turned automatically into a periodic tenancy. Does this mean the Gaurantor is relinquished of his responsibilities? Or do they still stand.

If they do, does at fact that the AST was signed with no independent witness? (something which I have never done!).

Snorkerz
30-11-2011, 21:08 PM
AST does not have to even be in writing, so signatures / witnesses are not hugely relevant.

The issue of the guarantors liability depends on the wording of the guarantee document. Most puport to keep you liable for the full duration, but there are members on here who say that it is possible to relinquish your liability after the initial tenancy agreement. I am not convinced.

islandgirl
30-11-2011, 21:45 PM
I believe it is possible for the guarantor to give notice so to speak but I have a clause in my agreement saying that if they do a section 21 will be immediately issued so it would certainly make them think!

mind the gap
01-12-2011, 07:45 AM
As Snorkerz says, it will turn on the wording of the Guarantor document. However if that document was not crefully drafted and executed as a Deed, it may not stand up in court in any case.

Guarantorship is a tricky area as the courts recognise that Gs on the surface of it at least, have nothing to gain from the relationship (unlike in most other contracts). So a G agreement has to be rock-solid and to achieve this usually involves jumping through several hoops, e.g. allowing G sight of the proposed contract, time to seek legal advice, having it executed as a Deed with proper witnesses, etc.

A letter from the G saying 'If he doesn't pay the rent, I will' probably won't cut the mustard.