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    • suzy5546
    • By suzy5546 12th Jul 17, 8:24 AM
    • 5Posts
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    suzy5546
    Rent guarantor
    • #1
    • 12th Jul 17, 8:24 AM
    Rent guarantor 12th Jul 17 at 8:24 AM
    My husband acted as a guarantor for his daughter's rent.


    Last night the agent emailed him and said she hasn't paid for 3 months :-(. He will have to pay , but what actually happens next , will there be a ccj against him , is his credit rating effected or will it be a black mark against her credit rating though he will pay the debt ?
    TIA
Page 1
    • DCFC79
    • By DCFC79 12th Jul 17, 8:26 AM
    • 30,282 Posts
    • 19,157 Thanks
    DCFC79
    • #2
    • 12th Jul 17, 8:26 AM
    • #2
    • 12th Jul 17, 8:26 AM
    Maybe if he pays asap then nothing else will happen.

    He should find out why she hasnt paid the rent.

    He could check his credit files, the credit rating or score is only seen by him, lemders see the history.
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • GrumpyDil
    • By GrumpyDil 12th Jul 17, 8:35 AM
    • 103 Posts
    • 57 Thanks
    GrumpyDil
    • #3
    • 12th Jul 17, 8:35 AM
    • #3
    • 12th Jul 17, 8:35 AM
    And letting agent's only see public data not the credit file.

    Don't worry about ccj as they would have needed to go to court, obtain a judgement and not had the judgement satisfied.

    As an aside it will be worth checking the guarantor agreement is valid and properly executed as there are formalities around guarantor agreement which, if not properly followed, could make the agreement unenforceable anyway.

    That's not to say that morally he shouldn't pay merely that legally he might not have to!
    • martindow
    • By martindow 12th Jul 17, 10:07 AM
    • 7,261 Posts
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    martindow
    • #4
    • 12th Jul 17, 10:07 AM
    • #4
    • 12th Jul 17, 10:07 AM
    What does his daughter say? You need to find out what is going on as there may be other issues apart from not paying the rent.

    Is the daughter in a shared house? If so your husband may find himself being chased for other tenants' shortfalls and not just his daughter's.
    • suzy5546
    • By suzy5546 12th Jul 17, 10:15 AM
    • 5 Posts
    • 1 Thanks
    suzy5546
    • #5
    • 12th Jul 17, 10:15 AM
    • #5
    • 12th Jul 17, 10:15 AM
    Its just her rent , she doesn't work many hrs .
    • Guest101
    • By Guest101 12th Jul 17, 10:22 AM
    • 15,128 Posts
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    Guest101
    • #6
    • 12th Jul 17, 10:22 AM
    • #6
    • 12th Jul 17, 10:22 AM
    The simple answer is he needs to pay the rent.


    Subsequently he can take action against his daughter for the money, but at present she could be evicted, and he could get (eventually) a ccj.
    • Guest101
    • By Guest101 12th Jul 17, 10:22 AM
    • 15,128 Posts
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    Guest101
    • #7
    • 12th Jul 17, 10:22 AM
    • #7
    • 12th Jul 17, 10:22 AM
    Its just her rent , she doesn't work many hrs .
    Originally posted by suzy5546
    That literally doesn't answer anything.


    Why doesn't she work more? Does she claim HB? How long has she been there?
    • suzy5546
    • By suzy5546 12th Jul 17, 10:23 AM
    • 5 Posts
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    suzy5546
    • #8
    • 12th Jul 17, 10:23 AM
    • #8
    • 12th Jul 17, 10:23 AM
    Wont she be evicted anyway as I doubt the landlord will want to carry on ?
    • suzy5546
    • By suzy5546 12th Jul 17, 10:24 AM
    • 5 Posts
    • 1 Thanks
    suzy5546
    • #9
    • 12th Jul 17, 10:24 AM
    • #9
    • 12th Jul 17, 10:24 AM
    She chooses to only work part time and expects her dad to pay her rent it seems .
    • aneary
    • By aneary 12th Jul 17, 10:32 AM
    • 743 Posts
    • 622 Thanks
    aneary
    She chooses to only work part time and expects her dad to pay her rent it seems .
    Originally posted by suzy5546
    When is the current fix term up?

    He may have issues not being the guarantor if she decides not to leave.
    • suzy5546
    • By suzy5546 12th Jul 17, 10:42 AM
    • 5 Posts
    • 1 Thanks
    suzy5546
    He may have issues not being the guarantor if she decides not to leave. ?


    Will she have a choice ? I presume the landlord wont be impressed ?
    • Rosemary7391
    • By Rosemary7391 12th Jul 17, 10:43 AM
    • 1,836 Posts
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    Rosemary7391
    Why would the landlord evict her if the rent gets paid by her dad?
    Me escondo detras de mi lengua... tengo miedo de que me entiendas... pero me gustara que me entendases ¡Ayudame!
    • Guest101
    • By Guest101 12th Jul 17, 10:47 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    Wont she be evicted anyway as I doubt the landlord will want to carry on ?
    Originally posted by suzy5546


    Not if he's going to pay her rent! why would the LL care what she does. Your husband is on the hook now for the next 50 years if the landlord wishes
    • Guest101
    • By Guest101 12th Jul 17, 10:47 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    He may have issues not being the guarantor if she decides not to leave. ?


    Will she have a choice ? I presume the landlord wont be impressed ?
    Originally posted by suzy5546


    He wont care. Your husband will foot the bill.
    • mrginge
    • By mrginge 12th Jul 17, 11:22 AM
    • 4,265 Posts
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    mrginge
    He wont care. Your husband will foot the bill.
    Originally posted by Guest101
    Lesson 1 in the list of reasons why not to be a guarantor.
    • G_M
    • By G_M 12th Jul 17, 11:29 AM
    • 41,921 Posts
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    G_M
    If hubby pays the rent, daughter won't be in arrears so won't be evicted. Landlord happy.

    If hubby does not pay the rent

    a) daughter could be evicted, &/or
    b) daughter could be sued in court for the rent, &/or
    c) hubby could be sued in court for the rent

    If hubby is successfully sued for the rent, and still does not pay, then hubby gets CCJ.
    • fairy lights
    • By fairy lights 12th Jul 17, 11:33 AM
    • 8,278 Posts
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    fairy lights
    Sounds like you need to have a conversation with the daughter and ask her to kindly stop being a selfish !!!!! (I'd forgo the tea and cake on this occasion) as your husband is over a barrel for as long as she stays in the property.
    • Rosemary7391
    • By Rosemary7391 12th Jul 17, 12:07 PM
    • 1,836 Posts
    • 3,190 Thanks
    Rosemary7391
    If hubby pays the rent, daughter won't be in arrears so won't be evicted. Landlord happy.

    If hubby does not pay the rent

    a) daughter could be evicted, &/or
    b) daughter could be sued in court for the rent, &/or
    c) hubby could be sued in court for the rent

    If hubby is successfully sued for the rent, and still does not pay, then hubby gets CCJ.
    Originally posted by G_M
    A thought. Would it be reasonable for the guarantor to offer to pay but only once the final total is known, ie tenant evicted and costs added on? That would keep an incentive for the LL to evict (so they get their money) but doesn't expose the guarantor to endless liability? I don't know how that would go down in court though!
    Me escondo detras de mi lengua... tengo miedo de que me entiendas... pero me gustara que me entendases ¡Ayudame!
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 12th Jul 17, 12:11 PM
    • 2,031 Posts
    • 3,059 Thanks
    ScorpiondeRooftrouser
    A thought. Would it be reasonable for the guarantor to offer to pay but only once the final total is known, ie tenant evicted and costs added on? That would keep an incentive for the LL to evict (so they get their money) but doesn't expose the guarantor to endless liability? I don't know how that would go down in court though!
    Originally posted by Rosemary7391
    They have guaranteed to pay the rent on a monthly basis as required, so no. That's not what they've signed up to.
    • aneary
    • By aneary 12th Jul 17, 12:15 PM
    • 743 Posts
    • 622 Thanks
    aneary
    If hubby pays the rent, daughter won't be in arrears so won't be evicted. Landlord happy.

    If hubby does not pay the rent

    a) daughter could be evicted, &/or
    b) daughter could be sued in court for the rent, &/or
    c) hubby could be sued in court for the rent

    If hubby is successfully sued for the rent, and still does not pay, then hubby gets CCJ.
    Originally posted by G_M
    If the daughter is just going to continue not paying you may want the LL to sue and start the eviction process I think (someone correct me if I'm wrong) you get 28 days to pay before a CCJ is recorded on your credit file.

    That removes your husband's liability although his daughter won't have a home, maybe try and see why see doesn't fell that she needs to stand on her own two feet..
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