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Question

Preventing Controlling and Recovering Rent Arrears (England) | Tenant Obligations (England)

Deed of Guarantee

12 Apr 2018 | 1 comment

We have a tenancy that started in 2015 with the mother and adult son listed as joint tenants. A guild deed of guarantee listing both tenants (separate document not part of the AST) was signed by the guarantor.

A renewal AST was signed 12 months later without the son listed but the son never moved out and officially still lives there and is acknowledged by the council (HB Dept) as an occupier. Is the original deed of Guarantee still valid and enforceable?

Answer

1 Comment

  1. guildy

    Not entirely sure how a court might view that if ever they were required to intervene.

    It’s not great though because the guarantee says it will continue with a renewal (which is the same landlord, same property, same tenants and basically same terms) but in your case, it’s not the same tenants. As such it’s more than likely that the guarantee can no longer be relied upon with certainty.

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