Here is a question to the blog clinic from Lisa who is a tenant
My short hold tenancy expired in August 2012. It has not been renewed but I have also not been given notice to quit the property.
At present I have some rent arrears due to the shortfall from housing benefit. They have now started contacting my gaurantor. Is this valid with my tenancy being expired.
Lisa, if you stay on after the end of the fixed term of a tenancy, it will automatically run on as a ‘periodic’ tenancy under the terms of the Housing Act 1988. It is just the fixed term which has expired not the tenancy.
Whether your guarantor is still liable however will depend on the terms of the guarantee deed he signed. it is impossible to say without seeing it.
What I can say however is that if the tenancy has changed in any way, for example if the rent has increased, then that will cancel the guarantee. As the tenancy will be different from the one the guarantor agreed to guarantee. However from what you say, it looks as if this is not the case.