UK Landlord Forum / Life

Hi

I'm posting on here in the hope that someone can advise me. It's a bit of a long tale but in October 2009 I was offered a work placement in Canada for 5 months. At the time I had been with my fiancee 7 years. As we were wanting to re-locate and he didn't have a job I acted as a guarantor on a small flat with the intention of moving in when I returned. I returned in March 2010 to discover my fiancee had been cheating. I moved out and am now wondering what to do regarding the guarentor agreement? I understand I was stupid to get tied into something like this but I cant turn back the clock and now I would like to opt out so that I can move on with my life.

It was initially a AST and went periodic in April. To make matters worse I am due to be made redundant in 2 months.I am planning on contacting the landlord and giving a couple of months notice to enable my ex-partner to put another guarantor in place or move out. However, I'm not even sure if this is possible or how I should go about it? Please I would appreciate any advice.

I read a page from this website which states : 'when the fixed term is over and becomes periodic, the guarantor can opt out of the deal by writing to the landlord to terminate the agreement. This is perfectly legal and has been tested in court. The guarantor should give "reasonable" written notice that he/she no longer wishes to be bound by the terms of the deed of guarantee (beyond the fixed term).'

I was hoping I could possibly make reference to this case or the section of legislation it comes under when writing to letting agent so wondered if any one has any exact details??

Hi Kelly,

From what I'm aware, you're only obliged to be a Guarantor for the fixed term of the tenancy, so you should be able to write a letter saying you no longer want to be a Guarantor since the tenancy has become periodic. Also, if you explain your situation to your landlord, I'm sure he'll understand. Your circumstances have changed anyway (you're being made redundant), so your landlord will probably want a new guarantor in a less unfortunate position.