Guarantor past fixed term? *** Matter Resolved***

[Solari]

Hi,

 

I (foolishly) agreed to be guarantor for my sister some time back so she could get into a rental property. I have copies of the Assured Shorthold Tenancy Agreement and the Deed I signed.

 

The rent has fallen into arrears and I'm now being chased by a debt collection agency to the tune of £2500. However, the ASTA expired in February this year and there was no further agreement signed and no contact with me regarding signing a new one. She is currently renting on a month-by-month basis. They are threatening me with court action now.

 

I thought I was only signing up for the fixed term and was happy to help at the time, but could someone please help clear this up?

 

Here is a copy of the deed:

 

Guarantor Deed

 

I'd be forever indebted if someone could clarify as the worry of this is making me ill!

Edited November 16, 2012 by Solari

[raydetinu]

Tha form appears to confirm that is only the fixed term of the contract that you are covering; clause five which says that unless there is an endorsement that is all that is included.

you may need to seek legal advice.

but suggest you respond to them with that interpretation and see how they respond.

[citizenB]

I wonder if Shelter will be able to help with this ?

 

http://england.shelter.org.uk/get_advice

 

I have linked you to their help page and I think we have a Shelter Rep on the forums, I will ask him to look in on you.

[Solari]

I wonder if Shelter will be able to help with this ?

 

http://england.shelter.org.uk/get_advice

 

I have linked you to their help page and I think we have a Shelter Rep on the forums, I will ask him to look in on you.

 

Thanks so much for your advice, all. I'm currently suffering with stress from work (although I dare not see a doctor and haven't spoken to anyone about it), but this is just adding to my worries and making me feel really ill. When I signed the deed, I had few worries but now my circumstances have changed and I have my own commitments to worry about!

 

I genuinely never expected this to be open ended and am somewhat shocked by the amount of calls and hassle I'm getting.

 

My sister has a new partner and everything has gone south since they got together. I believe she has been giving him the housing benefit she receives to pay the rent which may explain a few things.

[citizenB]

It is likely James of Shelter wont look in until Monday.. However, I think their help line is open 8am to 5pm on Saturday.. so you might possibly be able to speak to someone who can advise you.

 

Your GP should be able to refer you to counselling if you are suffering from stress - or would this affect your work in some way ?

[Solari]

It is likely James of Shelter wont look in until Monday.. However, I think their help line is open 8am to 5pm on Saturday.. so you might possibly be able to speak to someone who can advise you.

 

Your GP should be able to refer you to counselling if you are suffering from stress - or would this affect your work in some way ?

 

Thanks, I will give them a call tomorrow. If they can't help then I will see a solicitor on Monday. If shelter can help then I promise I will make as big a donation as I can afford from my next salary! Plus a donation to this site.

 

My career would probably be ruined if I saw a GP but thanks for the concern.

[citizenB]

I hope Shelter can help or at the very least put you in touch with someone who can.

 

Please let us know how you get on !!

[Gaston Grimsdyke]

You're liable. Read paragraph 4 of the guarantee. At the end of the AST the tenancy can roll over without the requirement to execute a further agreement, and you have guaranteed the rent for any holding over. All paragraph 5 does is restrict your liability to the original monthly rent if the rent is increased after the expiry of the original term.

[Solari]

You're liable. Read paragraph 4 of the guarantee. At the end of the AST the tenancy can roll over without the requirement to execute a further agreement, and you have guaranteed the rent for any holding over. All paragraph 5 does is restrict your liability to the original monthly rent if the rent is increased after the expiry of the original term.

 

Surely that depends on your interpretation of "over this agreement"? I took it as meaning for the duration of the fixed term. It's ambiguous at best or am I missing something?

[Ganymede]

I'm with Gaston on this one. The definition of "holding over" is not ambiguous.

 

Holding Over:

"The continued occupancy of a rental past the date that the lease or rental agreement ends."

[Nagasis]

What does your sister have to say about her dropping you in it?

 

Has she offered to pay?

 

Has the DCA contacted your sister also? what if any agreement has she come to with them?

 

As stated para 4 is clear in that you are liable

[Solari]

What does your sister have to say about her dropping you in it?

 

Has she offered to pay?

 

Has the DCA contacted your sister also? what if any agreement has she come to with them?

 

As stated para 4 is clear in that you are liable

 

Well at the 11th hour, she has stumped up the cash. Looks like I won't be talking to her again as it took a lot of shouting and borderline intimidation to get it sorted, but the property is being vacated and I can sleep again.

 

Family and finances don't mix, but we were so close that I never imagined she would put me through all this. I hope others read this and take note that you should never be a guarantor for anyone.

 

Thanks for the advice, all.

[AndyOrch]

Well done Solari

 

Im glad this has been resolved to your satisfaction..I will amend your thread title to reflect the result.

 

Regards

 

Andy

[citizenB]

Well at the 11th hour, she has stumped up the cash. Looks like I won't be talking to her again as it took a lot of shouting and borderline intimidation to get it sorted, but the property is being vacated and I can sleep again.

 

Family and finances don't mix, but we were so close that I never imagined she would put me through all this. I hope others read this and take note that you should never be a guarantor for anyone.

 

Thanks for the advice, all.

 

Fastest way to end a relationship, lending to / borrowing from and standing guarantor for .. friends and family

[Solari]

Fastest way to end a relationship, lending to / borrowing from and standing guarantor for .. friends and family

 

I have had to act so out of character that I feel like a little part of me died inside. Didn't think I had it in me to be so confrontational and scathing but it did seem to work and at least I'm not a gibbering wreck! :/

 

Thanks, all. I will be making donations for the support!