A modification of the lease could terminate the guarantor`s liability. For example, a change in the rent or an extension of the lease would be considered a modification, unless the guarantee applies is a matter of interpretation of the entire document and taking into account all the usual building principles. The strongest argument might be that the guarantee for the periodic monthly lease remains considered an „extension“ of the life span and that the guarantor remains bound to his obligations until the periodic lease is terminated. A term could be unfair if it creates a „significant imbalance“ between the parties to the agreement. If a term is considered unfair, it cannot be invoked and has no legal effect. To terminate an AST, a formal notice must be made by the landlord or tenant to end the tenancy. In the absence of termination, the AST will continue to run until such notification is notified to the other party. The surety does not have the right to terminate the rental, so it is normally in his best interest to ensure that the contract is limited to an initial fixed term. A copy of the rental agreement should be guaranteed, which may be subject to verification of the rent verification clauses. If you agree on your rental agreement before your surety signs the warranty agreement, there are additional rules. Contact your nearest citizens` council if this applies to you. You may need a „guarantor“ to rent an apartment.

A guarantor is someone who agrees to pay your rent if you don`t pay it, such as a relative or close relative. Pursuant to section 5(2) of the Housing Act 1988 (HA 1988), a temporary short-term rental (AST) contract is established under the same conditions. This is not the case when the rental agreement ends by court order, remission or other recourse of the tenant. The defense of a surety against undue influence is more likely if: the liability of the surety cannot exceed that of the tenant. The surety should check if the tenant has an objection to the money owed or a claim on the landlord, for example: It depends on what is in the guarantee agreement or what is agreed orally. If you share a dwelling with other tenants under a rental agreement, i.e. a joint lease, it is customary for the guarantee to apply to the entire rent and not just to your share. .

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