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MRSKAS

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  1. I have an appointment with a solicitor a week on Wednesday and I have been told not to say anything until I speak to her. I will keep you posted as to what she says. Thank you for all your replies and assistance.
  2. Thanks for your replies. Firstly, as far as I can remember I didn't sign anything else. At the time they only showed me one bit of paper which was where I signed. It all seemed unprofessional to me at the time because it was just a blank A4 piece of paper typed with me to sign, I didn't see the other pieces of paper which they have now copied to me. I said to them that I would honour it for 6 months and they didn't show me any other paperwork that said any different. I know in a court of law that is just one word against another. Secondly, I do not know if the rent has gone up because I am not in contact with my ex or her daughter. I did try contacting them but they didn't want to know. Thirdly, it was only this week that they contacted me about the arrears, I have not had any other communication with them in form of letters or phone calls. My final question as well is what will happen if I cannot afford it. After just finishing a messy divorce I am now mortgaged to the hilt and cannot afford another penny. Are they able to take my house away, as I didn't sign anything against my house, and they didn't even ask me at the time if I was a house owner.
  3. Back in September 2006 I signed as a guarantor for a tenancy agreement. This was for my girlfriends daughter, which in November 2006 we fell out. I asked the agents then if I could pull out of being a guarantor, to which they replied 'oh please don't'. I said I wanted to and they said they could not find the contract that I signed. I went into them for the next 4 days, but they couldn't find it and said they would ring me when they do. After not hearing from them I sent them a letter saying that I wanted to pull out of the agreement, they have said that they never received this letter. Recently I have been told that the ex-girlfriends daughter (miss X) is 3 months in arrears and I am liable to pay. I haven't got the money after going through a tricky divorce and my mortgage payments are now to the hilts....but I have read different things on websites with regards to the contract. Firstly it does not mention the word 'Deed' anywhere....secondly it has not been witnessed......thirdly, I did say to them at the time that I would be a guarantor for 6 months only, although I have not got that in writing. Would someone please look at the wording of the agreement set below (excluding any names) to see if you can guide me on how I stand, as they say they are taking me to court. Assured Shorthold Tenancy Agreement Date 20th Sept 2006 The Landlord XXXXXXXXXXXXXXX (This is the Landlord's address for service of notices until the Tenant is notified of a different address) The Tenant + Miss X The Guarantor Me The Landlord agrees that the Tenant may live in the house/flat/room known as XXXXXXXXXXXXXXXXXX (the Property) for as long as the tenancy lasts. The Tenant agrees to live in the Property, pay the agreed Rent and keep to the Tenant's Obligations, listed below. The Tenancy includes the furniture and other items (Contents) which are set out on the attached list. This tenancy starts on 25TH September 2006 and will be for a period of 6 month and (if neither party has given the other a valid notice to end the tenancy on or after the end of the fixed period) it will continue month to month until ended by either party giving the other valid notice to end the tenancy. To be a valid a notice must comply with Clause 4.5. The Rent is £575-00 per month. The Rent is payable in advance on the 25th day of each month. The first payment is due on the start date of this Agreement. The Amount of deposit is £862.50 The Tenant's Obligations· The tenant agrees with the Landlord: 1.1 Rent To PAY the Rent on the Payment Date. 1.2 Deposit To pay to the Landlord the Deposit on the date of this Agreement as security for any loss or damage caused by the breach of any of the Tenant's obligations in this Agreement. 1.3 Interest To pay interest at the Interest Rate on any sums paid more than seven days late . 1.4 Outgoings To pay all outgoings for the Property during the tenancy. Outgoings include Council Tax, standing charges and bills for gas, electricity, telephone, water and sewage disposal and any other services supplied to the Property. 1.5 Repairs To keep the Property and the Contents in good repair and clean condition during the tenancy but the Tenant does not have to carry out repairs which arc the Landlord's responsibility under Clause 2.2 (see next page). The Tenant must replace any items lost or damaged during lhe tenancy with similar items of similar value. To make sure that the chimneys are swept and the drains, gutters and pipes in the Property arc kept clean. If there is a garden, the Tenant must keep it neat and tidy. To report to the Landlord promptly any damage or defect affecting the Property or the water or heating systems. 1.6 Alterations Not to make any alterations to the Property or do anything which might make the Landlords insurance policy invalid or which might increase the amount of the insurance premium. (The Landlord will, on rcceiving a written request, let the Tenant see the relevantterms of any insurance policy) 1.7 Use as a private home only To use the property only as a private home for the Tenant and his or her immediate family to live in. The Tenant must not assign or sublet the Property or take in any lodgers or paying guests or carry on any trade or business at or from the Property. 1.8 Not to cause a nuisance Not to keep pets in the Property without the Landlord's written permission. Not todo or keep anything in the Property which might be a nuisance or which might annoy the Landlord or any neighbours or which might cause damage to the property. 1.9 Landlord's right to inspect To allow the Landlord, or anyone who has the landlord's permission, to do any of the following at any reasonable time after giving reasonable notice: • to read the meters; • to inspect the Property; • to show other possible tenants or buyers around the Property • to carry out any work on the Property or on any adjoining premises which the Landlord owns or occupies. If the Landlord gives notice to the Tenant that the Property has faults which are the Tenant's responsibility the Tenant must put those faults right immediately. 1.10 Leaving the Property at the end or the Tenancy To leave the Property and the Contents at the end of the Tenancy in the repair and condition required by Clause 1.5 (see above). 1.11 Rules and regulations To comply with any roles and regulations made by the Landlord or his or her agent from time to time for the proper management or improvement of the Property or any nearby property. Where possible the Landlord will discuss any new roles and regulations with the Tenant before they are introduced and will take reasonable account of the Tenant's view. 1.12 To make good To make good any loss or damage caused by the breach of any of the Tenant's obligations in this Agreement. ' 1.13 Notices To give the Landlord promptly any notice or other document or communication relating to the Property or any nearby property which the Tenant may receive . The Landlord's Obligation 2.1 The Landlord agrees that, providing the Tenant does not breach any of his or her obligations in this Agreement, the Tenant may live in the Property without unreasonable interruption from the Landlord. 2.2 The Landlord will so far as required by law keep in repair and working order: • the main structure and outside parts of the Property the systems for the supply ofgas, electricity, water and drainage; • heating and hot water instal1ations. 2.3 The Landlord will repay the Deposit to the Tenant without interest within one month after the tenancy ends aslong as the Tenant has not broken any of his or her obligations .However , the Landlord may deduct from the Deposit a reasonable sum as compensation for any loss or damage caused by any breach of any of the Tenant's obligations. If before the end of the Tenancy, the Landlord uses the Deposit (or part) to pay for loss or damage caused by any breach On the Tenant's obligations, the Tenant must, within seven days of being asked to do so by the Landlord, pay to the landlord a sum which will restore the Deposit to its original amount. 3 Guarantor If there is a Guarantor, he or she guarantees that the Tenant will keep to his or her obligations In this agreement. The Landlord can ask the Guarantor to pay any amount the Tenant owes. 4 Other Provisions The landlord can bring the tenancy to an end and take the Property back if at anytime: · The rent is unpaid for 14 days after it becomes due: And/or · the Tenant has broken any of his or her obligations in this Agreement; and · the Landlord gives to the Tenant written notice that he or she intends to seek to take back the property. 4.2 Where this Agreement has been signed by more than one person, each named tenant is responsible for all of the obligations in this Agreement. 4.3 For stamp duty purposes, the Landlord and Tenant confirm that there is no previous agreement to which this Agreement gives effect. 4.4 If the Landlord owns or occupies any adjoining or nearby premises then all rights of access And services to and from those premises are reserved. 4.5 The Landlord and Tenant agree that: • written notice must be given to end the tenancy; • the notice must be at least two months if given by the Landlord and at least one month if given by the Tenant; • Written notice must be given; however the notice cannot end the tenancy before the last day of the Fixed Period. · If the Fixed Period has ended when the notice is given, the notice must end the tenancy on the last day of a period of the tenancy. 5 Additional Provisions (if any) 5.1 The landlord can obtain possession during the fixed term of the tenancy using grounds 8 and 10 to 15 in schedule 2 of the Housing Act 1988 should the tenant default on the tenancy . Landlord's Signature Signed Witness's Signature Unsigned Tenant's Signature Signed Tenant’s (Tenant has been crossed out and Guarantor written in) Signature Signed Tenant's Signature Unsigned Tenant's Signature Unsigned Witness's Signature Unsigned Guarantor's Signature Unsigned Witness's Signature Unsigned
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