We find ourselves in a ridiculous position of less than 3 weeks into a 12 month tenancy that we guarantee for a family member, that the family member may need to be removed from the tenancy due to circumstances. Can anyone advise us where to start to remove his name and our guarantee - the other tenant wants to take on the tenancy. Any advice or info would be appreciated.
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Not easy. He & You have committed to 12 months & likely beyond, and circumstances do not change that.
You’ll need to talk & negotiate this with the Landlord. If the Landlord is not happy to have just the sole remaining tenant liable, your liability will stand throughout & beyond the 12m term, until the agreement can be terminated properly…
Thank you for that this will be our starting point - when you say until the agreement can be terminated properly can you offer any advice on this at all
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Did you sign as. Limited or unlimited guarantor
That is did you sign for both tenants or just your family member ?
I’m not clear. Are you the landlord or the guarantor? If the tenant has committed a breach of the agreement, it may be possible for the landlord to evict using the fault based section 8 grounds, but without clearer information its hard to advise.
Have a read of the tenancy agreement. It will provide the information about how to terminate.
We are the guarantor for our nephew, they are not in breach, signed as joint tenants
We will be approaching landlord and the remaining tenant will be speaking with him to see if it is even feasible she can take on a new tenancy in her own name to release us all - if that is how it would work ?
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With the Landlords approval, but going from joint tenants with a Guarantor, to a single tenant without a guarantor will be substantially increasing their risk. why would they say Yes?
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She also has a guarantor currently
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If there is no breach of the agreement then the tenant cannot be removed from the tenancy until the fixed/initial term has ended, and even then it would take the best part of a year.
To keep it short you are legally bound as guarantor for the period of occupancy within the 12 months and beyond. Only the LL can remove you as guarantor if they do not agree you are still liable. Also the person who has moved out is still liable for their part of the joint tenancy. The AST and guarantor form you signed will confirm this unless it is limited in some way.
If the remaining person defaults then you could potentially be asked to pay any costs
Only if the remaining person is able to fund the full rent and a new AST is signed and LL accepted will your responsibilities end.
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No sane Landlord would agree to what you want . The whole point of a guarantor is you are liable for the rent for the whole 12 months. There is a possibility that if the remaining tenant can find someone else to replace your nephew and that new persons earnings are as good or better than your nephews plus that new tenant has a guarantor with earnings as good as yours the Landlord will accept it.
Basically two guaratntors is better than one.
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