Renting and my guarantor pulls out

Jowo_2

This is an issue between the landlord and the guarantor to resolve, though granted the consequences have the potential to affect you. This is a contract between landlord and guarantor anyhow.

The landlord can reiterate that the guarantor's contractual obligations continue past October and the ex can take legal advice if he disputes this. The clause shows that his guarantee continues while you hold a tenancy. Whether or not this is enforceable in a court of civil law, I have no idea, but don't get sucked into it as realistically you have little influence or a direct relationship between these two parties.

In the meantime, you can continue to prove to the landlord that you are a reliable tenant and he will hopefully accept by now that you aren't a risky tenant.

bargainbunny

Thanks im just trying to ask really if this alone would be reason to evict me and if so how long would I have if I had to move?
would the local council help me?

I have to be prepared

Jowo_2

bargainbunny wrote: »

Thanks im just trying to ask really if this alone would be reason to evict me and if so how long would I have if I had to move?
would the local council help me?

I have to be prepared

When a landlord serves a valid notice for possession on a tenant, no justification has to be given - they don't 'need' a reason unless they cite grounds relating to arrears or other breaches of the contract. Under the S21 document, no reason will be given.

A tenant will be given 2 months notice timed to expire with the rental period. Some tenants are served this upfront at the start of their tenancy - were you?

If you have a fixed term agreement with no break-clause, then as long as you don't have rent arrears of 2 plus months, this agreement is virtually unbreakable during the fixed term.

bargainbunny

Jowo wrote: »

When a landlord serves a valid notice for possession on a tenant, no justification has to be given - they don't 'need' a reason unless they cite grounds relating to arrears or other breaches of the contract. Under the S21 document, no reason will be given.

A tenant will be given 2 months notice timed to expire with the rental period. Some tenants are served this upfront at the start of their tenancy - were you?

If you have a fixed term agreement with no break-clause, then as long as you don't have rent arrears of 2 plus months, this agreement is virtually unbreakable during the fixed term.

this is only letter that I presigned when I took on the tenancy

Notice Requiring Possession
Assured Shorthold Tenancy: fixed Term

date of expiry 22nd October 2010

silvercar

If that letter was given before the deposit was protected its not valid.

If there was no deposit or the letter was issued after the deposit was protected then it could be a valid notice to quit at the end of the fixed term. The problem is that you don't know if the landlord intends using that as the first step in regaining possession of your property or whether he is happy for the tenancy to continue on a periodic or new contract basis. Its called Sword of damocles.

bargainbunny

Just recieved a letter today stating that my LL is seeking vacant possession as he does not wish to renew my tenancy due to my erractic rental payments.
Enclosed is the sec21 notice that I signed on the onset of my tenancy.

My rent has been late but only by a week and I explained that HB do not pay it to me until after due date.. I have never been charged for a late fee and I have now sorted out a credit card so my rent can be paid on time then HB pay I put it back on the card but I dont know what to do now.
Im due an inspection next week too so was planning on decorating it a bit but now I dont know.

Will I have to move out on the 22nd October? can I appeal?
thanks

Jowo_2

Sadly, you have blown your chance of staying in the property by thinking the landlord would understand he can only be paid rent when you receive the LHA and not appreciating that it is imperative that you pay the rent to him when it is due. The main way you could have convinced the landlord you could be a reliable tenant without a guarantor was to pay the full sum when due.

You don't get to 'appeal' as such - the S21 notice could get thrown out on a technicality if you refuse to leave and it goes to court but only if the landlord has completed and served it incorrectly.

If the case reaches court, you don't get to 'appeal' the decision, you can only ask for an extension in the date when the possession order takes effect, adding a few weeks to it, if you can convince the judge it is needed. A judge isn't influenced by the tenant - if the tenant has been served the correct s21 notice, judgement will always be made in the landlord's favour - the judge has no discretion on this. S21 is known as a 'no fault' notice - there's no grounds cited to appeal against...

The Shelter website or local Citizens Advice Bureau will provide a good understanding of the legal process and will be able to review the document and check that its valid.

BitterAndTwisted

They might be claiming that it's due to your erratic rent-payments but I suspect the real reason is your threatened lack of a guarantor.

I think you have a couple of choices but you may have more as other posters may contribute with different or better advice:

Take you landlord's letter and S21 to your local authority's housing department immediately and ask for their advice and help. None may be forthcoming but they may suggest what options might be open to you like staying put to the very last possible moment, the availability of temporary accommodation or another amenable landlord.

Stay put and wait for your landlord to apply to the court for a possession order (this may take a month or two depending on how busy the courts are) and then the bailiffs. Once the bailiffs are at the door you won't have any choice but to go.

bargainbunny

I have sorted things out with my guarantor ie we are trying to get back together.. I dont want to say anything to him about this as
we are in the early stages and I dont want him thinking this is reason for maybe reconcilling.
Do you think if rent is paid on time/early from now on LL will change his mind? maybe he would consider a monthly tenancy?

Im really worried about staying for bailiffs etc as my son who has autism would freak plus need security.

BitterAndTwisted

You need to be as candid with your ex/non-ex as possible. Even though he may choose to withdraw his previously withdrawn position as guarantor this may not change the issue with the S21. He absolutely needs to know that you and your family risk being made homeless in October!

What do you think he thought the consequences might have been once he made it clear that he wouldn't be guarantor any longer?