Tenancy guarantor

[hev]

I recently asked about a 6 month tenancy agreement my husband stood guarantor for and whether he was still liable now. many thanks to those who answered. We have just received a court summons. So my question now is my husband stood guarantor for my ex friend and her husband on a joint tenancy and this was done through a management company.Sometime between then and now the management company and the landlord parted company and the landlord drew up her own agreement as a single tenancy (no husband onit)the guarantor part on the form is blank (I have a copy). In light of this information does the original guarantor form still stand.

[malky53]

I am not a lawyer

However if the former tenancy to which the guarantee applied ended and a new tenancy began then it would appear to me that his liability would be limited to any losses arising from the former tenancy

[Oneeyedvic]

The guarantor part will only stand until the contract expired (which would presumably be when the new agreement started)

So your husband would still be liable for any debts incurred before that date.

[EverClean]

Speak to a solicitor to ensure that you have sound legal advice.

[Twenty20]

From what you say, this would be a new agreement and your husband is no longer standing as guarantor for it - unless the costs refer to the time when he was guarantor but this would seem unlikely and difficult to prove. Maybe the landlord is clutching at straws? Why do you have a copy of the agreement though if it has nothing to do with your husband?

[hev]

When we got the summons my husband went looking for my ex friend and found her at a new address some miles away. She was willing to speak to him and said that she was still in negotiations with the landlord about how much money she really owed and that the landlord should not contact us about it. When she found out about the court case she gave him a copy of her new tenancy agreement to show in court.