Hello All.
I had an AST for 2 people with a guarantor beginning in 2020.
After a few months 1 tenant left. The agreements hasn’t been updated.
The tenant is moving out with £2k of arrears and over £4k in property damages.
The guarantor is saying, she’s not liable because a new AST wasn’t issued.
Is this correct?
Thanks
Daniel
If a tenant leaves it doesn’t automatically end the tenancy as there is no requirement to live in the property and guarantor is liable. If that tenant gave you notice they wanted to end tenancy and you just let the remaining tenant live there then i dont think the guarantor would be liable as they are right a new contract should have been made.
Really this depends on your contract . Normally a guarantor will continue to be responsible for the rent until all tenants leave
However if the first tenant gave formal notice rather than just moving out that should end the tenancy for everyone and the remaining tenants should be asked to vacate or request a new tenancy.
However the guarantor remain responsible for the rent until they have all done so. But usually the tenants and guarantor are not released from their obligation to pay rent until the landlord gains possession of the flat.
In the end the court would decide this issue. I would advise you contact the guarantor to say you will be recovering the debt through the court . Let them decide if they wish to avoid court costs being added to the debts .
Being a guarantor is a serious business and always involves accepting that you accept responsibility for debts incurred by ALL tenants .
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