Brothers landlord chasing mum for rent.

Ilovejackbauer

Hi

My mum signed as a guarantor for my brother on a six month contract, during that time my mum paid most of the rent as my brother was struggling to work full time due to medical issues. At the end of the six months my mother wrote to the landlord advising that she was no longer willing to act as guarantor and she could not afford to keep paying the rent for my brother.

My brother continued to pay the rent on his own but was eventually signed off work for medical reasons. His rent was then paid by income support (who in their wisdom no longer pay the landlords but make the claimant responsible for paying their own rent ) By all accounts my brother was a bit haphazard with his rent payments.

Tragically he passed away a couple of weeks ago. The landlord has calculated his rent to 30th June and taken off the security deposit. He is now chasing my mother for the remainder - approx £200. The problem is that my brother died penniless and we have all had to chip in to pay for his funeral.

Is my mother liable for this bill as she only signed as guarantor on a six month contract and wrote to the landlord at the end of the six months stating that she was no longer willing to act as guarantor. Surely if this was an issue for the landlord at the time he should have either contacted my mother or reached an agreement with my brother. My brother lived in the property for approx 18 months.

Your help would be much appreciated.

N79

If the guarantor agreement has been correctly executed then your mother is liable. No LL in their right mind will allow for a guarentor agreement to be limited to 6 months when the tenancy is open ended (as all AST are).

That said, many amateur LLs and useless Letting Agents fail to properly execute guarantor agreements so your mother may be able to evade her guarantor obligation.

1. Your mother's letter is irrelevent - if she signed to be a guarantor for the duration of the tenancy and any subsequent tenancies that may arise then she is not able to end her obligations other than by the tenancy ending. (Hint - I have given you the rough form of words to look for in the agreement)

2. If you are certain that she only guaranteed the first 6 months then this will be clearly stated in the guarantee agreement - is it? If so, then no she is not liable provided that this rent liability did not arise during the first 6 months. If it is arrears from the first 6 months deferred until the end then yes - your mother is liable.

Ilovejackbauer

Hi

Thanks for your reply. The arrears are from when my brother took over proper. She tells me that she did not have a copy of the agreement but that my brother had it. I have no idea what he would have done with it. His belongings are now with his children in Wales, whether the agreement is amongst them or not I don't know.

N79

How did she sign the guarantor agreement if she did not see a copy of it?

ILW

To be honest I would just pay the £200 to the landlord for your mother. But make sure you get a full and final settlement agreement. It's not worth putting her through all this for 200 quid.

Ilovejackbauer

I have already paid for the wake, all the funeral flowers, death certificates, sorted all the funeral out and been up and down the country several times. Another £200 from this camp is just not doable. I have already put our family finances under strain.

Fire_Fox

Ilovejackbauer wrote: »

Hi

Thanks for your reply. The arrears are from when my brother took over proper. She tells me that she did not have a copy of the agreement but that my brother had it. I have no idea what he would have done with it. His belongings are now with his children in Wales, whether the agreement is amongst them or not I don't know.

The problem is that your brother probably never did 'take over proper'. He signed an assured shorthold tenancy which went into a rolling monthly contract on the same terms. It's likely your mum agree to be guarantor for the duration of that tenancy therefore she is liable.

franklee

I'm sorry for the loss of your brother.

Have a look at these threads, the posts where they are discussing if the guarantee was in the form a deed, and signatures witnessed. It may be that the guarantor agreement isn't enforceable:

Deed Of Guarantee
http://www.landlordzone.co.uk/forums/showthread.php?t=9019&highlight=guarantor

taking guarantor to court
http://www.landlordzone.co.uk/forums/showthread.php?t=20650&highlight=guarantor

Also it seems the guarantor would need to have seen the tenancy agreement:

Can guarantor end liability when fixed-term let expires?
http://www.landlordzone.co.uk/forums/showthread.php?t=19234&highlight=guarantor

chickmug

So sorry to hear of the terrible news and for what it is worth I (as a LL) would of written this debt off and not dreamed of chasing £200. Good luck with sorting it out.

Perhaps the local papers would like to hear the story to name and shame the LL?

theartfullodger

Sorry to read your & your mum's story.

What an "unprintable" of a Landlord.

Unless the stuff in Landlordzone about deeds etc. helps I fear you mum is liable but.... a couple of suggestions, if you & mum are up to them...
a) (As chickmug says) Write to local papers/radio/TV/MP/Council Private Housing section to let them know what an honourable & upright Landlord we have here...does he by any chance have a name, address that might be helpfully posted here??
b) Write Landlord with a cheque for £0:05 (5-p) and the statement that you/your mum don't accept the debt, consider his actions immoral, but are prepared for the moment to make regular payments, without in any way accepting liability.
c) Hope he takes mum to court & the judge is a sensible one & chucks the case out, or that the Landlord gets cold feet and doesn't do through with case...


Cheers & Best wishes..., and very sorry

Lodger (a Landlord)

NB Re funeral costs etc.. have a look at...
http://www.adviceguide.org.uk/index/life/benefits/benefits_and_bereavement.htm

There may be some benefit/death grant perhaps that might help a little.

samizdat

We don't know the landlord's personal situation, though, do we? What if the landlord has had just as much bad luck? I don't think we can assume that the landlord is a bad person for wanting to be paid the £200 he may be lawfully owed.