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Transfer of tenancy agreement - sale of property

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407 views 1 replies latest reply: 01 June 2015

 My daughter is renting a flat and I agreed to act as guarantor under the original tenancy agreement. The flat was subsequently sold whilst my daugter was still in it and purchaser became the new landlord. No new tanancy agreement was issued and I was not informed personally of the sale of the property.

Questions –

should there have been a new tenancy agreemnt issued at the time of sale ?

should I have been informed (as guarantor) that there was a new landlord for the property ?

Are guarantors agreements transferable ? I signed the agreement along with the the acting agents at the time. When the flat was sold to the new landlord Harrisons were no longer acting as agents.


Hi Colin

I’m not a lawyer but I would have thought that the existing tenancy was between the old landlord and your daughter so a new one should have been issued. If that had been done and you hadn’t consented then that would probably have been the kind of variation that would have released you from your responsibilities as a guarantor.

The agents are kind of irrelevant as your agreement would be with the landlord, not them (or them, but only on the landlord’s behalf). I’m not 100% sure but I doubt your liability is transferrable like that, at least without your consent.

You might want to get your daughter to check where her deposit is held by the way as this is the new landlord’s responsibility to protect now. Deposits can sometimes get lost when landlords change like this.


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