If the tenant's ex-husband refuses to leave the property on the agreed date, is the guarantor still liable? | LawHive - Solicitors & Lawyers Online
If the tenant's ex-husband refuses to leave the property on the agreed date, is the guarantor still liable?
Further to my previous post regarding our rights and responsibilities as guarantor for my mother in law and her husband. Background again: my husband signed as guarantor for his mum and her husband on an AST for the period 01/06/2018 to 01/06/2019. The agreement states that after this date the tenant is on a statutory periodic tenancy. The relationship has broken down due to domestic abuse and his mum had to leave the property quite suddenly. She has since given written notice for the end of this month, in accordance with the agreement requirements and the landlord has confirmed receipt. The ex husband had also agreed to vacate the property on this date although we don’t know how this was done (text/email). The ex husband has since told us that he won’t be able to leave the property on that date. We have advised the landlord of this and requested she begin a new agreement with him. She’s made it clear she doesn’t want to enter into a new agreement with him and will start eviction proceedings. She’s also verbally told us that my husband will be liable for any and all costs. It very much feels as though she’s doing very little to avoid any of this, is not communicating with the ex husband and is generally being a bit obstructive. It may be noteworthy that there is no separate guarantor agreement, no clauses within the tenancy agreement relating to the guarantor and my husband was under the impression that he was only guarantor for the fixed term and it was only for missed rent. My questions are; If the ex husband refuses to leave the property on the agreed date is the guarantor still liable? How does the guarantor know what they are liable for? Is it just assumed that it’s anything within the agreement? Should the landlord be making reasonable efforts to work with the ex husband and explaining the intended process if he stays beyond the agreed date? We’ve approached Shelter and CAB for advice without success. I’m a union member but their advice is limited. There doesn’t seem to be any sort of support for guarantors in tricky situations. We’re loathed to fork out £300-400 at the moment - especially if we’re potentially looking at some significant costs that, as a young family of five, we may not be able to cover without serious impact for us

Samuel Carroll

7th April 2022

Top Answer
NQ- it really depends on the guarantor agreement you signed. It is usually for the full length of the tenancy not just the initial fixed term - unless there have been any changes to the tenancy eg a rent increase. No-one will be able to advise without that signed agreement

George Cohen

7th April 2022

NQ, does it say anywhere on the documents that you signed in the capacity of a guarantor

James Mullins

7th April 2022

Solicitor (but not in this area of practice) - From what you say, it doesn't sound like the "guarantor" has actually taken on any specific obligations under the tenancy agreement, and it's btherefore unclear what claim the landlord would have against the guarantor. As you say though, you ought to take some proper advice from someone who has seen the agreement.

Paul Maynard

7th April 2022

This page contains user-generated content and is provided for general informational use only. Unless otherwise indicated, answers are provided by non-qualified (NQ) lay members of the public. Please read our Terms for more information.

If you have feedback on this question please contact support@lawhive.co.uk

Get legal help the hassle-free way

We have expert solicitors ready to resolve any type of legal issue in the UK.

Remove the uncertainty and hassle by letting our solicitors do the heavy lifting for you.

Get Legal Help

Takes less than 5 mins