Guarantors rights

[Traci66]

I signed as a guarantor for my son on a six months tenancy agreement, after eighteen months he started to default and was eventually evicted. At this stage the letting agency did not contact me once, after he was evicted I received a court summons from the owner of the property, he is taking me to court for my son not paying, what are my rights. Any advice gratefully received and thanks in advance.

[JATO]

http://www.tenantverify.co.uk/guarantors.htm

[Traci66]

The agency said it was a rolling agreement and so I remain liable, but this was not mentioned when I signed as guarantor, and as I said the agency never contacted me, this is being done by the owner of the property.

[buildersmate]

Provided you saw the agreement upfront and it was not for a fixed six months tenancy only, I'm not sure you have any other rights. You seem to be concerned that you weren't contacted once he started to default; there's no reason why you had to be contacted - your role as guarantor applies in the event that he defaulted - which is now.

[buildersmate]

Posted before I saw your reply. That, potentially, could be your get-out - but you are going to have to show that it was the case.

[Traci66]

I have a copy of the agreement and it says it is for a term of six months with no mention of a rolling agreement.

[JATO]

This may help. It shows the LL perspective. http://uk.answers.yah...20110913071614AAZ7Roz

[tonywiltshire]

All shorthold tenancies have to be for a fixed period of 6 months or more and there is no power for a landlord to terminate the tenancy within the first 6 months provided the rent is paid and a very few other situations. At the end of the fixed period the tenant is allowed to remain in possession as a statutory tenant but the tenant still has no security of tenure.

A guarantee is often required where the prospective tenant is young, usually the guarantor would be a guarantor of the rent being paid whilst the tenant was in residence not just the fixed period, there should be a clause which states if the guarantee is for the fixed period only or whilst the tenant remains at the property. If you do not agree with the landlord make sure you attend the court and you will have the opportunity to argue this in court

[Traci66]

Went to court today, and after five hours the judge agreed with me, the tenancy was for six months and this was all I was liable for and as the default occurred after eighteen months I am not responsible. Thank you again for your answers.

[shoota]

Congratulations!

[DTCwordfan]

Congrats.....

[tonywiltshire]

Well done.