Pre-tenant’s eviction, they were in periodic tenancy (Stayed nearly for 2yrs).
Post eviction, upon carrying out Inventory Check out service , it was apparent that, tenants has maliciously damaged , vandalized and carried out unauthorised alteration in the property ( Tenants literally start conducting unauthorised alteration job 2 weeks before evicted) on top of damages there are rent arrears too.
Post eviction, If ex-tenants fails to pay outstanding rent arrears and cost to cover for the damages and bring back the property to its original state in Like-to-like bases, Is Guarantors is still severely liable, despite the AST contract by default switch to periodic tenancy agreement after 12 months?
Any of your advice and suggestion on this matter will be gratefully received. Thank you all in advance.
If you never renewed the AST or increased the rent and served the guarantor the contract is advance of tenancy commencing ( so he could read it) you can use the guarantor.
Is the periodic a contractual or statutory?
It will depend on the wording of the guarantor agreement. Many are badly worded and unenforceable. You would need legal opinion on the efficacy of your agreement. The agreement should also be signed as a deed, with independent witnesses. The guarantor should also have been given a copy of the tenancy agreement before signing and advised to seek legal opinion and given plenty of time to do so.
It’s worth a try regardless, but if they contest it, speak to a solicitor before spending money on a court case.
AST were not renewed, after 12mnts by default it switches to periodic, as nothing changes on situation, I.e. no increase in rent, Tenants remain same .
I am afraid, I am not entirely certain , when initial AST switch to periodic , the periodic contract remains contractual or statutory by default !
Openrent generate my tenancy agreement, I will seek advice and request for info on this regards.
It sounds like you can use your guarantor
If the word periodic is preceded by statutory then it’s a statutory periodic.
If it is preceded by contractual or nothing then it is a contractual periodic.
If the Openrent tenancy agreement wouldn’t stand up in court Openrent would go out of business in 5 minutes.
It defaults to a CONTRACTUAL periodic tenancy not a statutory one so all the things in the contract just roll over including the liability of the Guarantors .
'Wet ’ signatures with independent witnesses is like going back in time especially since Covid
Solicitors advocate an ink/ wet signature. On one of the law conferences Tessa S said there was a lot of digital fraud and advised using a wet signature.
My solicitor advocates for a wet signature. I had to send contracts to parents, acting as guarantors, with a SAE .
Now there’s an abbreviation from another century!
The contract with Openrent will be more valid and the validity is based on the questions
Did those tenants live in that house and did they pay rent for said house.
Yes, tenants lived in the house but did not Pay Rent till get evicted on Mid June 2021.
I’ve contacted Openrent queries regarding Guarantor Lability and Obligations post eviction, including guarantor signed as a deed/Wet signature etc, the reply i received from Openrent is very promising and robust and i am very much relief and content with their respond.
I am now in process pursuing the lawsuit against Guarantor and tenants to pay for Overdue rent arrears and to cover the cost for significant malicious damages/ Vandalism, Theft and unauthorised alteration to the property.