Is this guarantor agreement enforceable?

[sillyparent]

Hi all,

I'm afraid that I've been a bit silly.

 

My son has lived in a flat for years with some old friends and recently one moved out.

 

They replaced him with another boy who they didn't know and had to sign a new joint tenancy agreement.

 

With the first one, I filled in an application and signed a deed of guarantee in addition to signing a box on the tenancy agreement itself saying 'Guarantor'. All of the other parents did the same.

 

This time, I only saw the page I needed to sign and signed in the Guarantor box, didn't fill in forms/sign anything else, as did the other parent. The new boy is employed so didn't need a guarantor.

 

The fixed term has now come to an end and my son and his friend have moved out.

 

Unfortunately the other boy won't budge.

 

Will I have to pay to cover this?

I'd only intended to cover my own son.

 

I've since seen the whole contract and the only reference it makes to a guarantor is in the definitions section where it says that the guarantor is responsible for discharging the tenants obligations.

 

So essentially I have two questions:

 

1) Did signing in that Guarantor box officially make me a Guarantor or is it invalid because I haven't filled in anything else?

 

2) Do I still have to cover costs once the fixed term is over?

 

Any help with this would be greatly appreciated!

[fkofilee]

I would say now that your son and his friend moved out, your interest in being Guarantor is now no longer applicable.

[sillyparent]

Thanks that's what I'm hoping for.

 

He didn't pay the last two months rent so I could understand being asked for that (although I haven't been).

 

I'm just not sure what happens now that the 6 month agreement is up

 

. I understand that the Landlord will still be incurring costs, but the agreement said 6 months and those have now passed.

[ericsbrother]

One presumes that you were acting as guarantor for your son's share of the tenancy and likelwise the parents of the others who also signed. As the tenancy period has now passed your obligations have now stopped but beware of getting bills for cleaning or damage that supposedly occurred during the tenancy period.

[mariner51]

When did son move into last property? Over how many ASTs/SPTs?

Have you been his G since he moved in?

IMO you may avoid being his G now because of end of fixed term, but not because you son has vacated, in this instance you & your son's liability, and that of other departing tenants/G's has not ceased because they moved out on last day of fixed term, One joint tenant remained, creating SPT and making all signatory tenants/G's liable for continuing rent & property.

Obviously, LL should pursue remaining tenant & G for debts accrued after the end of fixed term, but the Law states the LL can pursue all signatory tenants and Gs, as the Tenancy has not legally ended. In a joint Tenancy there is only one Tenant, comprised of all signatory tenants and all must vacate by end of fixed term to legally end the Tenancy on that day.

Your thread suggests you son failed to pay last 2 month rent (his rent contribution?) so LL can pursue all tenants/Gs for that money, and whoever pays that that debt can sue your son for their amount paid.

One way to end current impasse is for any one signatory tenant to serve due valid NTQ, to end T for all, inc reluctant occupier.

A Judge/Adj. may disagree with my interpretation if situation is tested in Court.