Urgent help needed with bailiffs!!!

DVardysShadow

Britwife wrote: »

... and for those of knowledge.....it was mentioned that the other tenants' credit ratings could be affected, is this true? I ask because I have a son that will be headed off to uni in about 2 years...hence most of my questions

As Roberto says, joint and several liability will apply.

But the biggy is signing up as a guarantor - unless you take care to avoid it, you could take on joint and several responsibility as a guarantor.

Ames

Britwife wrote: »

Have you tried to make payment arrangements? Was it school loans that were going to be used to pay for the rent? I'm also curious to find out how you were going to pay for a room that you signed for months before starting school. Is that common here? Sorry for all the questions, just trying to get a better understanding.

Yes, that's the way it works, students generally sign in January for a years lease starting the following summer. Certainly around here all the student leases have been taken up by about easter.

Are you working now? I see you live with your parents, is there anyway you would be able to offer more? Also, can you work on trying to find someone else to take your place or ask your old roomates if they know anyone so that way the money will stop adding up at least.

and finally, in your lease, does it state you MUST be a student? I don't know if that would help you but in the end, you would most likely still be responsible since you broke the agreement anyway.

I hope things work out for you

and for those of knowledge.....it was mentioned that the other tenants' credit ratings could be affected, is this true? I ask because I have a son that will be headed off to uni in about 2 years...hence most of my questions

Yes it's true. It depends on the type of lease, if your contract is for one room in a house then it's only you who is affected by your actions. If a group of people rent a whole house between them, which it seems is what happened here, then each one is liable for the whole rent for the whole house, if one person doesn't pay then they're all taken to court at the same time. My ex didn't pay his rent for months and all four people in the house were taken to court. Of course, the credit rating would only be affected if it went to court. Pesonally I'd never sign that kind of lease, it leads to all kinds of problems - if someone sets fire to the cooker then you're all liable, your contents insurance only covers your own room, etc.

Hope that helps Britwife!

OP, I still don't understand how a parent can take you to court when he's not owed the money? I think you need to get all the paperwork together and go see someone like CAB to get it all untangled. As (I think) DC said, the court will set what you can afford to pay, not what the landlord/parent wants you to pay.

There's also an argument (I used it against a landlord) that the other tenants have been remiss in not looking for someone to take over the lease from you and therefore minimise their losses, it wont get it written off or anything but it's worth mentioning.

boliston

I would have thought that anyone who signs up to a "joint and several" agreement should accept that they are ultimately liable for the whole balance if things go wrong.

I would not sign for this type of agreement unless I had the means to pay the balance should one of the joint parties fail to pay their share.

In the same manner I would not jointly buy a property if I was so reliant on the other parties contribution that it would cause me to loose my home through repossession if the other party failed to pay.

mb947

Britwife wrote: »

Have you tried to make payment arrangements? Was it school loans that were going to be used to pay for the rent? I'm also curious to find out how you were going to pay for a room that you signed for months before starting school. Is that common here? Sorry for all the questions, just trying to get a better understanding.

Yes, it was student loans that would have covered my rent and yes again, generally after the Xmas break everyone starts looking at accommodation for the next year. Which to be honest I think is probably a stupid system as who knows how
circumstances could change by the time Sept comes around. Well they've just been solely leaving it up to me to find a replacement tenant, but I've had no luck so far. I had a couple of enquiries, but they never amounted to anything unfortunately.

I'm not working at the minute, but I'm searching for a job ASAP to help get this sorted. I can't really afford more than that p/m because of other bills.

Usually once first year is over, people will ove out of student halls into a house with mates. As most of them have no experience renting a property I don't think they realise what they are signing up for (I know I didn't) and sign blindly.

mb947

Ames wrote: »

OP, I still don't understand how a parent can take you to court when he's not owed the money? I think you need to get all the paperwork together and go see someone like CAB to get it all untangled. As (I think) DC said, the court will set what you can afford to pay, not what the landlord/parent wants you to pay.

Ames, well I never gave it much thought as regards to the parent thing, I just assumed that they could do that on behalf of the letting agents. As far as I'm aware the parent isn't a guarantor because I didn't need one. I think your right about CAB, I need to go through everything with someone to make sense of it all.

Also I forgot to mention that I paid a deposit of £250 last year when I signed up, I don't expect this back and was wondering whether I could expect them to deduct it from the overall debt. At least it could give me a start...

DVardysShadow

Ames wrote: »

... OP, I still don't understand how a parent can take you to court when he's not owed the money? I think you need to get all the paperwork together and go see someone like CAB to get it all untangled. As (I think) DC said, the court will set what you can afford to pay, not what the landlord/parent wants you to pay.

Parent may be guarantor or suing on behalf of offspring. Other tenants certainly do have the standing to sue OP - as they are the ones who will have to stump up if OP does not.

Ames

Oh I know that the other tenants can sue, and the landlord, but as the parent isn't owed money then how can he sue the op? Unless it's really the tenant and he's saying it's his dad just to not look like the bad guy.

DVardysShadow

Parent could sue as guarantor.

Ames

But why would one tenant have a guarantor and not the others?

boliston

Ames wrote: »

But why would one tenant have a guarantor and not the others?

The landlord knows he can sue the single guarantor for the entire rent, including rent owed by the other tenants so why would he need more if he knows one is good for the entire money?