In a bind

[breezeswirl]

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😢

Have you tried speaking to Citizens advice beurau (sorry can’t spell it) ? I don’t know much about this stuff at all but didn’t want to read and run

was there a term on the guarantor sheet?

You could phone Shelter, they'd be able to advise you where you stand. Doesn't make sense to me that you can be forced to stay guarantor.

Spoken with both shelter and citizen advice they basically said to send in writing to agent that I want to cease as guarantor after the fixed term... (which I have done) but it upto the letting agent which action he pursues. Letting agent reply back stating I will automatically go on periodic tenancy after fixed term unless tennant moves out giving two months notice or he finds another guarantor... letting agent also stated they only gave him the place because I signed as guarantor.
The guarantee paper I signed was for credit check apparently, I’m going there this week to get copies of anything else I may have signed as that’s all they gave me and it’s not a guarantee just a credit check sheet...
my ex isn’t going to give up his tenancy nor does he have anyone else that can be his guarantor that’s why I ended up signing

The other thing citizens advices is if I go to court to get myself removed
As the physical abuse I injured from my ex while pregnant happened not long after I signed as guarantor... and police were called numerous times he se I’m to have no contact with him not only for my safety but for the safety of my not yet born baby

I’m scared tired exhausted and want absolutely nothing to do with him...this is causing me so much stress I can’t eat sleep.... it’s so unfair he has this over me.

That's awful.

Can you get one hour free advice with a solicitor?
I would hope you could send the letting agent a letter from the solicitor advising them that you will only guarantee them for his notice period which I assume would be two months on the basis he is effectively blackmailing you.

If they then choose to continue with the tenancy it would be at their own risk. That to me would be reasonable behaviour.

Get all your paperwork together first.

Good luck.

This sounds awful, I really feel for you.
I just want to give perhaps a glimmer of hope around being a guarantor - in these circumstances (and only going from my very recent experience) no judge would force you to pay.
Just last week I had a court case against me dropped from a household name loan company, I guarantor for someone that robbed me - the judge looked at the overall case and wouldn’t allow the loan company to pursue me only the original debtor.
Hope that might help to give you some peace that no matter what it seems very unlikely you would be forced to pay anything.
Good luck with your birth

Sorry and I should state - EVERYONE who advised me told me I’d never get my name removed and would have to pay up!
But this is only my experience and definitely not the normal route - but it sounds like yiurs isn’t either

Thank you all for advice I’ve got a stressful week ahead, I didn’t know you can get 1 hour free with solicitor thank you for letting me know.
I have in a second reply to letting agent state I had mitigating circumstances and the tenant has been both physically and verbally abusing toward me... the letting agent has built a good rapport with my ex as my ex is a landscape Gardner / builder..and has lots of tools and I remember my ex at the beginning saying how letting agent saying he got some jobs he can put his way.

I wish I never told agent about the abuse

Please go see a solicitor urgently and get some proper advice

You need the tenant to sign a “notice to quit” or “deed of surrender” depending on where you are in the country.

Without it, you’ve got a real battle on your hands to relinquish the status of garuantor.

I’d have thought your best bet would be to explain the situation to the letting agent and let them serve notice on him at six months. The landlord won’t want a tenant that doesn’t pay so will probably play ball with you.

I’ve have told the letting agent in writing yet he won’t give my ex notice... he said if tenant renews tenancy then I will automatically remain his guarantor until the tenant gives notice to leave the property... my ex won’t give up that tenancy.
I’m seeing a solicitor this week