Help! I can't get a guarantor...

sonastin · 6 July 2010 at 1:26PM

You could give her the ultimatum that either she gives you the paperwork that you need in order to access the help that is available to people being made homeless (if this is someone you have previously had a good relationship with, make sure you're tugging the heartstrings there!) and risks putting the tenancy on the radar and becoming liable for all the tax and so on she was trying to avoid.

Or she waits until you are good and ready to move out because you are struggling to find property that is suitable for your condition and you'll get out of there just as soon as you can but only when you actually have somewhere to go. And then you can investigate all the options of guarantor, rent guarantee insurance, finding an approachable landlord, etc without some arbitrary (and possible unlawful) deadline hanging over your head.

N79 · 6 July 2010 at 1:41PM

PasturesNew wrote: »

In that case, she might have given you a nice letter ... but you don't have to leave. She can't dodge her legal and tax obligations and keep things off the record. Teachers aren't struggling, they just want you to think they are because they see others with more and think they deserve it too ... like this one, two homes and deserves it, but struggling ... and happy to put you out on the streets.

Only an S21 will do .... and she might not even be legally in a position to be able to issue you with an S21.

Note: If you leave, on the strength of that letter, by the rules you WILL have made yourself intentionally homeless as it's not a legal route of getting you out.

Just to correct a misunderstanding. There is no prescribed form for a S21 notice - a letter will be fine so long as it contains all the relevant information which must be included and the wording is unambiguous.

There is no mandated layout or form of words which must be used unlike a S8 notice which must use the words outlined in schedule 2 of the Housing Act. It is this lack of a defined set of words which leads to a number of S21 notices being deficient on a technicality.

I'm not saying that this letter meets the legal requirements of a S21 notice but nor can it be said for certain that it does not.

happycatuk · 6 July 2010 at 1:52PM

Wow...

So many responses, thank you [weeps]

I'll try and address everything raised, if I can (arms getting weak...)

Firstly: my landlady, my former mum-in-law, has made not a penny from the rent. Her son, my ex, paid a peppercorn rent of £250pcm to her .. which, because the house is co-owned by her and her sister (over in Spain), went straight to her sister (to replace maintenance payments from her ex, which she lost due to owning half of this house after the death of their father, my ex's grandfather).

Because she's had trouble finding continuous employment as infants Supply teacher, she's had periods of living just on her tax refunds etc, so she's not a bad person who's trying to swindle me or the system.

The date of the 31st of July is her most preferred date (she gave me 4 months to find somewhere but property's SO scarce here, it's been difficult to find anywhere) but, even then, I don't need to move all my stuff out immediately, as she'll be popping down over the summer to clean, clear and prep the house for sale while she's on her summer holiday. Because both she and her sister have teenagers starting Uni this September, so need the cash from the house sale as they have no other savings etc.

There is NO paperwork for my tenancy - no contract, no rent-book, any record of payments intermittently on my ex's bank statements only (it came from his bank account, not our joint one), so have no recourse legally.

The letter she wrote was purposefully 'not nice' as she knew the council etc would see it.. and yes, I imagine that going on the strength of it would constitute making myself homeless on purpose...

I'll look into Housing Associations, but in Hertfordshire demand for property is very high, so.. am grateful for the idea, I have so many things to think of/sort out, whilst dealing with my usual health issues and, oh yes, a broken heart...

I'm currently waiting for two agents to get back to me: one has explained my situation to a landlady I met on Saturday, a 1st floor place which isn't ideal as I may have mentioned (she's talking it over with her partner) and the rent is low enough for my ex to be a guarantor, plus another flat on the ground-floor nearby which has been on the market for a while and I'm waiting to see (no idea if land-lord would take me on there tho and agency fees are stupidly high...)

Thanks to everyone xx

millym · 6 July 2010 at 7:23PM

Hi there, so sorry to hear of your plight. I too have ME and am in receipt of IB and DLA LRC/HRM, but am extremely happily married! I moved into my private rented flat 18 months ago and needed a guarantor, however, the LA told me that they did not class me as a DSS (or whatever) tenant but as a disabled one and the guarantor was because of my low income.

In your position, with the amount of savings you have, you might find that LA's will treat you more favourably. I would have a little chat with the agents of the place you're going to see, and take proof of your benefit, savings etc with you. They might ask you to pay an extra month or two up front, rather than the whole 6 months, to account for the time it takes to sort LHA out. I could have gotten round the guarantor thing if I had enough money...

Sorry I can't be any more help, but I hope it all works out for you. I know stuff like this is incredibly difficult to deal with when you can barely get out of bed etc.

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Help! I can't get a guarantor...

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