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findlay

 

Posts: 6
Joined: 13/12/2005
 

guarantor 

my daughter took on six month lease from a letting agency. she could only do this if she had a guarantor. my partner agreed to do this for her. he lent her the £700.00 deposit and the first months rent £600.00 After a couple of months the council who were helping with her rent as she is on low income reviewed her circumstances, unfortunately the stupid girl didnt put in all the information to them on time resulting in her housing benefit was stopped. she has appealed. the thing is she hasnt paid the last two months rent, which are month 7 & 8. my partner thought that he was not responsible for her rent after the 6 months were up. yesterday he got a phone call from the letting agency to tell him that they were taking him to court for the money owed.
  Report Abuse |  Date 14/12/2005 9:22:19 PM
 
P.Pilcher

 

Posts: 102
Joined: 25/7/2003
 

RE: guarantor (in reply to findlay

I regret to say that I believe your partner is liable: The six month term in the lease merely refers to the period that security of tenure is guaranteed. After that, in law, the lease becomes statutory periodic and if the tenant remains in residence after the six months is up, the landlord can give two months notice to get the property back. In all other respects the conditions of the original lease continue (but the rent can be increased on 1 month's notice). As your daughter remained in residence after the six months was up, these provisions have come into effect and the guarantor remains liable. Councils are wonderful at stopping housing benefit first and asking questions later, then of course it takes ages for benefits to be restored resulting in the trouble you now find yourself.

P.P.
  Report Abuse |  Date 17/12/2005 11:21:20 AM
 
Ayshe

 

Posts: 131
Joined: 25/8/2005
 

RE: guarantor P. Pilcher (in reply to findlay

thanks very much for your help
  Report Abuse |  Date 17/12/2005 12:06:29 PM
 
MrShed

 

Posts: 1
Joined: 8/12/2005
 

RE: guarantor (in reply to findlay

Hello there Pilcher :)

PP is totally correct, but it is worth adding that a lot, if not a majority, of guarantor agreements are not done correctly, and so are invalid. A few ways this can be done, but one of the most common is that the guarantor is not given a copy of the AST - if they are not given this, then the guarantor agreement is invalid.
  Report Abuse |  Date 18/12/2005 9:52:47 PM
 
P.Pilcher

 

Posts: 102
Joined: 25/7/2003
 

RE: guarantor (in reply to findlay

Hi there Shed old bean: welcome to the mov channel forums - nice to see you here!

P.P.
  Report Abuse |  Date 19/12/2005 4:23:35 PM
 
Ayshe

 

Posts: 131
Joined: 25/8/2005
 

RE: guarantor (in reply to findlay

You as well Pilcher :) this forum is a bit quiet! lol
  Report Abuse |  Date 21/12/2005 3:13:42 AM
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