Contract signed, but no guarantor form

[PrintsInTheStone]

Hi there,

 

I am on a joint contract, living with 5 others. The contract I am participating in at the moment ends at the end of June and is paid in full, but a new joint tenancy contract, signed by me and three others at christmas time (awaiting another two names to be added), applies from 1st July 09 until the end of June 10. Since then, some problems have arisen and I may not be able to pay rent, and my housemates are being awkward about replacements.

 

This is not the issue, however. My issue is that my mother signed a parental guarantee form for the current contract, but for one reason or another, a guarantor form was never signed for the one from Jul 09 onwards. The landlady has recently noticed this, but due to difficulties in the situation, my mother is unwilling to sign, as is anyone I know.

 

I'm just wondering what situation I am in. Was it the landlady's responsibility to obtain a signed guarantor form BEFORE this contract was signed? Is it her fault if one was not signed? Is she allowed to demand one now, and if so, must I give it to her? I read somewhere that a guarantor form dated AFTER the date on the contract is invalid. Is this true? Obviously my mother cannot be held accountable if I am unable to pay since she has not signed, so does it just fall on me?

 

Really not sure where I stand on this issue. Any thoughts would be much appreciated.

[no pain no gain]

Hi,

 

if you leave the property at the end of the fixed term ie. June your mother's liability ceases. Were you to stay on as seems to be the case your mother's liability would likely roll over into the periodic tenancy. However if your mother makes it clear in writing to the LL that she no longer wishes or is able to act as guarantor it would be a matter for the LL to decide as to whether they are happy for you to stay. Were they not then in such circumstances the LL would need to serve a section 21 notice seeking possession. This would take approximately 4 months from start to finish and assuming you were continuing to pay the rent throughout that period I see no reason why the LL would need to force possession.

 

I hope this helps.

 

No pain no gain

[no pain no gain]

Hi all,

 

as some of you will know my foot is out of plaster as of today, so back to the day job from tomorrow. Will not have much time to spend Cagging. Will log in every few days. If you need my help PM me.

 

Best of luck,

 

No pain no gain