UK Landlord Forum / Life

 I am going to ask a relative to be a guarantor for a flat I am renting as I was made bankrupt. If I have years tenancy agreement and I leave after say three months giving proper notice are they responsible for the remaining part of the rental  contract or does their responsiblity  lapse when I leave?

The Guarantor's liability should be for the duration of the tenancy, if drafted correctly. Not just for the fixed term, and not forever. Your concept of leaving after, say, three months, having given proper notice... seems, fanciful? Won't the tenancy have any kind of fixed term period?

I was in my last place for 15 years so leaving early never came up ! What would be a normal fixed term? A full year or shorter ? I havent seen the agreement yet .

6 months is very normal.

OK thanks . So if disaster strikes and I have to leave before 6 months is up the guarantor is liable for what remains of the six months but if I leave after 6 months they no longer are?

Hmm.

I certainly didn't say that... whatever the fixed term is... I mean - it is you that is liable if you just decide to up-and-leave and not pay your rent. Your Guarantor is the person who's liable as a last resort. If you sign a tenancy agreement with a fixed term of 6 months or 1 year and you decide to leave earlier then you are liable for the rent.

You seem to be automatically assuming, for some reason, that you just get to up-and-leave when you want and someone else will pick up the pieces. Apologies if that's not what you're thinking, but it reads like that. If you want that flexibility - get yourself a B&B. I wish you the best, but I hope any Guarantor for you understands the implications of what they're potentially getting into.

No what I mean is that if another flat came along which I wanted to move into and gave my notice what term would the guarantor be liable for? Or can I not leave the flat for a year?

You can't leave for whatever the fixed term is. That's the point of a fixed term... it's a binding contract.

If you give notice and it's accepted then no-one is liable for anything... notice has been served and has been accepted - the tenancy is ended.

If you just up-and-leave and you're in the middle of a fixed term then you are liable for the rent (then your Guarantor is if you refuse to pay).

Ok got it . Thanks for your help.