Can a guarantor give notice to a landlord at the end of an AST tenancy or at any time during the periodic tenancy, thereafter? Leaving a landlord with a tenant/s that may not have passed the referencing checks six months earlier? If so, where does this contractually leave the landlord and how will this affect any Rent Guarantee Insurance?
It’s ultimately up to the landlord to amend the contract after we set up a tenancy - they’re free to remove guarantors from the tenancy and in such instances, their obligations will cease upon no longer being a party to the tenancy.
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Thanks for getting back to me George.
However, you may have misinterpreted my query. I was asking from the “landlord not wanting the guarantor to relinquish their responsibilities” point of view.
To clarify, can a guarantor give notice, against the landlords wishes, to sever their commitment to guarantee a tenant for rent and damages? Afterall, why wouldn’t a landlord wish that the tenant had a guarantor and continues to have one for the duration of a tenancy. It’s insurance.
Thanks for clarifying.
The guarantor is party to the tenancy agreement and as such, their obligations will continue for as long as they are party to the AST.
As you say, any one guarantor (or tenant) can be asked to pay the full amount owed by any or all of the other people named on the agreement, should it come to it.
Given how the AST is a legally binding document - agreed to by both parties - their obligations would only cease upon the landlord agreeing to remove them from the AST, for instance.
So, are you saying that a guarantor can give notice, against the landlords wishes, to sever their commitment to guarantee a tenant for rent and damages?
Quite the opposite - please refer to section 15 of our AST:
You can see a sample of our tenancy agreement (AST) here:
Thanks George for clarifying that.
In your latest AST agreement (recently updated) the clause I think you refer to is 15.2. “This Guarantee is irrevocable and shall continue beyond the Guarantor’s death or bankruptcy throughout the period that the Premises is occupied by the Tenant and is not limited to the Term specified in the agreement”.
That’s right Clive.
George, much appreciated.
I’m not sure if you and George are 100% on the same page, so I will just add a little extra comment. The guarantor can’t be expected to guarantee a tenancy for ever without some sort of get out, this comes at the end of the term of the tenancy.
A landlord wishing to keep the tenancy guaranteed should get the tenants to sign another tenancy agreement, again asking the guarantor to do the same. Alternatively if you let the tenancy run into a periodic you would only need to give two months notice to the tenants should you wish them to leave.