On Mar 29, 9:42 am, Mogga wrote:
> http://news.bbc.co.uk/2/hi/uk_news/northern_ireland/7318220.stm
> A County Armagh couple whose daughter died while at university in
> Liverpool have been told they must pay for her accommodation for the
> rest of the year.
>
> The letting agent involved is claiming that because the girl's parents
> acted as guarantors on the lease, they are liable for the debt.
>
> Is this the role of a guarantor? Doesn't the lease end by the death of
> the tenant?
Even with no consideration given to the circumstances (assumming the
tenant had fled and it's a simple breach of contract), the agent has
no chance with his case as reported. He can only claim actual losses
caused by the breach of contract, and he must take steps to try and re-
let the property. Since the year isn't over, he can't possibly know
that he will be unable to re-let the property before the year is up.
If he tries to take it to court, I would expect the court to say that
the tenancy was frustrated rather than deliberately breached by the
tenant, and therefore the guarantor has no liability. |