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Guarantor form inaccuracy


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Hi all. I would be very grateful for some advice on this matter if anybody can give me any.

 

I am living with a friend in a rented flat and when we moved in the landlord required that we complete guarantor forms which were signed and returned.

 

After about a month of the tenancy agreement we agreed to permanently move to another flat (which is almost exactly the same) in order to allow maintenance work to be done on the one which we had moved into. The landlord said that we needed to sign new contracts and guarantor forms which had the new flat number printed on them, rather than the old one. We signed new contracts and told him that we would get the new guarantor forms signed and returned ASAP. This was then overlooked and he still only has forms with the old flat number printed on them.

 

Unfortunately the friendship with my flatmate has gone sour and I want to move out without having to pay rent at two places for six months. My question is would the landlord be able to enforce the old guarantor details on the new residence or could I walk away from the contract without repercussion?

 

If it matters, the flats are both in the same block and at the same address on the street.

 

Many thanks.

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What sort of tenancy do you have? Joint, two seperate, shorthold, rolling...? Check your agreement. The type of tenancy affects the advice available. Follwing are just general points that may apply to you - you can receive more specific advice once you have ascertained the type.

 

Probably the easiest way to break a tenancy is to agree with the landlord that you will move out, but will find another suitable tenant to take your place. You must keep paying rent until you find another tenant for him in this situation.

 

Alternatively, examine your tenancy agreement for any break clauses that may allow you to end your tenancy sooner.

 

Thing is, it's not the landlord's fault that you and your friend have fallen out. You are liable to pay rent for the next six months unless you make an arrangement, whether you are living there or not - 'just walking away' is very bad practice and will cause a lot of stress to not only the landlord, but to your ex-friend, and to you when a court summons for unpaid rent falls through your future letterbox...or your guarantor, as if this goes to court at any time the judge will not like you trying to slide out of your responsibilities.

Are you a student? Agents normally only request guarantors if you're a student, like me, or have been financially wobby in the past.

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Thanks for your reply.

 

Yes, I am a student and my parents are acting as my guarantors.

 

It's a joint tenancy agreement and I understand it would be bad practice to walk away but it's getting very hard not to. I have been trying to find somebody to take over the contract for a couple of months but it's proving difficult!

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Ok the basic idea behind a guarantor is that they are someone financially solvent and if you fail to pay they become liable for the debt as well (and they should easily be able to pay). Now as you don't have a guarantor its solely you that is liable for any debt - you still have a contract and if you break it/vanish etc then the landlord will just take you to court to rightly gain the money you owe.

 

Your only option is to ask the landlord out of your contract either by finding someone to fill the space or the far less likely out of the kindness of his heart. Now if you have a joint contract you'll have to get your flatmate to agree to this as well.

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I just want to make sure that they can't go after my parents for the money. When the landlord chases me for it then I can come to an agreement with him, but I want to keep my parents out of it if possible.

 

Thanks for your help.

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Your parents would not necessarily be in the clear if you disappear - after all, the landlord may have a copy of the original guarantor sheet that you filled out, so he would still have your parents' details and an agreement to act as guarantor. Whether it would be legal to use this info, as you changed tenancies and agreements, however, is debatable. I think that was the legal side of things that you wanted to bring up, Nero?

 

I'm unsure as to this, unfortunately - he asked you to re-do the form, and you didn't - would that constitute a breach of the new tenancy on your part, or does supplying the details in the first instance fulfil that? Hoping someone else on here will know...

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