Help Please

[Poppiedog01]

My husband became guarantor for my brother almost 4 year ago we never received a copy of the tenancy agreement but we got the guarantors agreement it was signed by my husband and witnessed by me but the landlord or letting agent never signed is it still a legally binding document as my brother and his partner have split and she got the police to ask him to leave but before he left I wrote to letting agent to say we no longer wanted to be guarantor but they have said we are tied up in a contract for another .yet at no time have we seen a copy of the contract or even been advised that they have put up the rent twice we are not financially stable enough even to meet this new rent please help

[ToraToraTora]

sorry, he's stuffed, guarantor means exactly what is says on the tin. That's why no one should ever be guarantor ever under any circumstances. Essentially they can legally pursue your husband ad infinitum and they will always go after the easiest target. Who actually owes the money is irrelevant. If your brother has and ounce of honour he'll sort it with your husband.

[rsvp]

You need to go the Citizens Advice - their services are free - they will be able to advise you in the absence of further advice on here - there maybe related problems as the police were brought in to make your brother leave although I don't see how that impacts on the original agreement you signed -however, I'm not an expert so I repeat, go and see someone at Citizens Advice.
Failing that there are law firms which give pro bono ( free) consultations - check them out on line (for your area).

[themas]

Don't accept what the agent says without checking. I think the fact that your copy of the agreement was not signed for the landlord does not make it invalid, but you must get CAB or solicitor advice.

Also, I guess the original tenancy will probably have been replaced by a new one or become a "statutory periodic tenancy". Sometimes the wording of the guarantee means it only applies to the original tenancy. Again, you need this checked.

When you see CAB etc. make sure you take the guarantee document with you & - if you can get them from your brother - a copy of all the tenancy contract documents.

[Peter Pedant]

Themas has got it as far as I am concerned

you need to ask the letting agent for a copy of the original contract
and then get advice.

also - who signed the contract ? girl and boy or just boy ?
why doesnt he end the contract ( very likely to be a run-on tenancy, Themas' statutory periodic tenancy' which has a length of the rent period ( usually a month ) which he can end with a months notice ....

first stop CAB

[Poppiedog01]

My brother has said he will go to prison if he has to she would not help him get a rent rebate he has letters to prove it and he is very ill that is why he had to leave he has recently had two heart attacks and stents fitted also has copd and waiting for heart surgery the police were called and they asked him if he wanted harassing in hi room for his own safety as she is an alcoholic and was very abusive .and she called the police on him saying he was smashing the house up he was so ill he couldn't have fought with a mouse let alone smash up the house he should have been in the hospital but he refused to go as he was having problems with her before it all kicked off its just such a mess but she has told the landlords agents she wishes stay on in th property .

[Peter Pedant]

try to get the landlords to give her a new lease
and the guarantee ends ....

[Poppiedog01]

Forgot to add he has been on sick since his heart attacks and only gets 371amonth sick pay that's why he need help and she would not give her details to the council hence he used his credit cards to pay for the rent and paid it up until 1st Julybut he left a week before that and gov notice of his leave

[themas]

You, your husband & your brother most definitely need advice about this. Do go to CAB or - if there is not one in your area - find out if you can get some free advice from a law centre or solicitor. You need one who is experienced in housing law.