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Death of tenant(s) under an Assured Periodic Tenancy
13. This Tenancy is an Assured Periodic Tenancy, therefore Section 16N of the Housing Act 1988 applies to this Agreement. The Guarantor’s obligation to Guarantee further rent payments will cease from the point that one of the following applies:
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Where the Guaranteed Tenant is the only tenant named on the Tenancy, on the date that they die;
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Where the Guaranteed Tenant is not a family member of the Guarantor, and more than one tenant is named on the Tenancy, on the date the last named tenant on the Tenancy dies;
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Where the Guaranteed Tenant is a family member of the Guarantor, on the date the Guaranteed Tenant dies;
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Where more than one Guaranteed Tenant is a family member of the Guarantor, when the last Guaranteed Tenant who is a family member of the Guarantor dies.
14. Nothing in clause 13 prevents the Landlords from demanding payment of rent that was outstanding prior to the death of the relevant tenant(s) or payment for other outstanding liabilities.
15. Any rent due for the rental period in which the relevant death occurred will be apportioned according to Section 16N of the Housing Act 1988 so that no rent is due for that portion of the rental period covering the days after the death of the relevant tenant(s).
16. For the purposes of clause 13 a family member of the Guarantor is defined as someone who meets the following criteria upon entering into this Agreement or after the Agreement is entered into:
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The spouse, civil partner or cohabitee of the Guarantor;
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The child, grandchild, parent, grandparent, siblings (including half-blood or step siblings), niece, nephew, aunt, uncle, or cousin of the Guarantor, their spouse, civil partner or cohabitee, or the spouse, civil partner or cohabitee of any such person.
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