Guarantor for assured shorthold tenancy

[rubydoobydoo]

Hi, asking on behalf of a relative and hoping someone can advise! Relative agreed to be guarantor for another family member for a 12 month assured shorthold tenancy dated from July 2020. He hasn't signed anything further after that, we are assuming it has gone onto a rolling periodic tenancy after this.
The tenant has now been evicted for non-payment of rent, and our relative is now being hounded for rent arrears which is causing a great amount of stress. I was under the impression that unless he signed anything further after the initial tenancy period he wouldn't be liable - however I have now seen the agreement and this bit (attached) is a bit ambiguous.
Would he still be liable for any arrears / damage after the initial 12 months?

I'd say yes unless they'd revoked their agreement to be a Guarantor but IANAL and other opinions may vary.

It doesn't look ambiguous to me, I'm afraid. The Guarantor is liable for the rent until the tenancy has ended, and if it's on a rolling basis it continues until notice is given. They will also be liable for any reasonable costs incurred by the landlord in chasing this up.
They'll need to pay up and get it back from the tenant.

I’m not a lawyer but I interpret that as being liable for the tenancy and it doesn’t specify a time frame but even after the property is returned to the landlord. Being a guarantor is madness, if they end up having to pay rent they are lucky they aren’t also covering for redecorating, fixing any damage and end of tenancy cleaning plus any legal costs in getting the tenant out for non-payment. Never be a guarantor.

Not sure if this would affect anything - the relative who is a guarantor has been a hospital inpatient under section since signing the initial agreement, and has now been released with aftercare under section 117 so hasn't been in a position to revoke the agreement, and also don't think he fully grasped what he was signing on the initial agreement.

You’d have to prove they didn’t have capacity in court.
Unfortunately being a guarantor is a terrible idea - I wouldn’t do it even for my own kids.
Unlimited liability… no thank you!

Thanks everyone, we think our relative did have capacity when he signed the agreement, and had capacity now. They definitely didn't during the period of the section though. They are going to get their solicitor to have a look and we will also speak to the letting agent on Monday.

That is terrible situation. I think most people who sign to be a guarantor don't even think of the consequences. Someone on here was talking about guarantor insurance, for anyone else who is thinking of doing it.