Can I Dispute Liability as a Guarantor Due to Contract Changes?

Question from Jeffrey, Can I Dispute Liability as a Guarantor Due to Contract Changes?

Answer from AI:

Understanding Your Role as a Guarantor

As a guarantor, you have agreed to take on the financial responsibilities of the tenant if they fail to meet their obligations under the tenancy agreement. This typically includes paying rent and covering any damages. However, your liability can be affected by changes to the contract, such as an increase in rent or a new tenancy agreement.

Key Considerations for Disputing Liability

To determine whether you can dispute your liability due to changes in the contract, consider the following points:

• Original Agreement Terms: Review the original guarantor agreement you signed. It should specify the extent of your liability and any conditions under which it applies.
• Changes to the Contract: Assess whether the changes, such as the increased rent or a new contract, were made with your knowledge and consent. Significant changes without your agreement may affect your liability.
• Legal Provisions: In the UK, the law generally requires that any material changes to a contract must be agreed upon by all parties involved, including the guarantor.

Specific Clauses in Your Agreement

The clause you mentioned, “or any further occupation of the property after the expiry of the tenancy whether under a statutory continuation thereof or not,” suggests that your guarantor obligations might extend beyond the initial tenancy period. However, this does not automatically mean you are liable for increased rent or new terms without your explicit consent.

Steps to Take

If you believe that the changes to the contract were made without your agreement, you can take the following steps:

1. Review the Contract: Carefully read the original guarantor agreement and the new tenancy agreement to understand the changes and your obligations.
2. Communicate with the Letting Agency: Contact the letting agency to discuss your concerns and clarify whether you were informed and agreed to the changes.
3. Seek Legal Advice: Consult with a legal professional to get personalized advice based on your specific situation. They can help you understand your rights and options.
4. Dispute the Liability: If advised by your lawyer, formally dispute your liability in writing, providing evidence that you did not agree to the changes.

When to Consult a Legal Professional

Given the complexities involved in contract law and guarantor agreements, it is crucial to seek legal advice if you are unsure about your liability. A legal professional can provide tailored advice and help you navigate the dispute process.

Resources for Further Information

For more information on your rights and obligations as a guarantor, you can refer to the following resources:

• Citizens Advice – Guarantors
• GOV.UK – Private Renting

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a legal professional to address your specific circumstances.