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In a bind

15 replies

breezeswirl · 15/07/2018 00:03

I’m a guarantor for an ex partners tenancy, my ex partner has been both physically and verbally abusive to me... his tenancy is fixed for the first 6 mths April to September..then the tenancy is up for renewal.... I have given the letting agent 2 mths written notice stating that I cannot be his guarantor after the fixed term due to mitigating circumstances. The agent has said I will automatically be guarantor after renewal. There is nothing in the tenancy agreement or the guarantor sheet I signed. Where do I stand regarding this matter?
We do not live together and I’ve been advice by police/social services to have no contact with him... i want to go my own separate way but I have this hanging over me😓
He’s not paid his rent on time and the agents have been contacting me numerous times.. I feel he’s deliberately paying late to get at me😢

OP posts:
Collaborate · 15/07/2018 07:00

What precisely does the wording of the guarantee say?

breezeswirl · 15/07/2018 09:52

The rest of the sheet contains my personal details for a credit check

In a bind
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breezeswirl · 15/07/2018 09:57

There is nothing regarding guarantor in my ex’s actual tenancy agreement

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Shadowboy · 15/07/2018 09:58

There is a way of removing all financial ties to someone. There’s a name for this but I’ve completely forgotten. Is it a notice of dissasociation? That way if he runs up large debts you are not linked. Keep the contact between you and letting agency to prove you have notice.

BexleyRae · 15/07/2018 10:03

Usually if you agree to be a guarantor, then you will not be able to withdraw being guarantor until the tenant move out or they find someone else to replace you.
It's rubbish and the letting agent should have made it clear to you, but unfortunately you may have to speak with a solicitor to see about forcing your partner to sort out something

thinkfast · 15/07/2018 10:13

Where is the actual guarantee that you signed? The credit check form isn't relevant

breezeswirl · 15/07/2018 10:33

That form was the only one I signed

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breezeswirl · 15/07/2018 10:36

Letting agent has took copies of my wage slips/passport/council tax bill and proof of address the credit check form is the only one I sign and I got copy of it...and the tenancy agreement.

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breezeswirl · 15/07/2018 10:39

The letting agent and my ex partner have built a good rapport with each other as my ex is a landscape Gardner/builder... and the letting agen has said to him as he’s got all the tools he may have jobs for him

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Collaborate · 15/07/2018 12:31

Ask them for a copy of your guarantee bearing your signature.

breezeswirl · 15/07/2018 12:53

Will do, if the credit check is all they have and nothing else am I legally bound as guarantor?

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thinkfast · 15/07/2018 14:41

Very doubtful you'd be bound. Did you sign the tenancy agreement itself? Or anything else? Ask them for a copy of the guarantee or other legal document proving you are legally bound.

It would be highly unusual for a guarantee for this kind of residential tenancy not to have a provision for you to give reasonable notice to terminate the guarantee.

thinkfast · 15/07/2018 14:42

Although the picture you posted indicates that that might just be an extract from a longer document

breezeswirl · 15/07/2018 18:42

That was the only document put in front of me... I have a copy of the tenancy agreement and I’ve not signed on that as there was nothing to do with guarantor on it. As for the credit check guarantee it’s labeled pages 1 out of 3 and the other two pages just has my personal details on them. I really really appreciate all this advice tomorrow I will be going to letting agent to request copies of everything to do with me as guarantor

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breezeswirl · 15/07/2018 18:49

This has been so stressful to me I’m 5 mths pregnant with my ex baby it’s been so hard as he’s been physically abusive towards me in this pregnancy been told to have zero contact with him for my own and unborn child’s safety but to then get phone calls he’s not paid his rent... I feel exhausted mentally and physically.

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