Landlord asking for a Guarantor *AFTER* signing contract? Help!

Tetsugaku-San

Hi All - just a bit of advice on what my loony landlady is asking me to do.

Backstory, 3 of my friends have been living in a 3 bed place for 6 months. 2 of them left after the initial 6 months, one friend was staying and I moved in. That way my friend doesn't have to move out, the landlady get's a continous ocupation etc. We did need to do a new contract - no problem for me.

I sent back the addresses for 2 references, job and bank, not really expecting a problem, and last Friday (27th April) me + friend sgned new contract and handed over the first months rent in cash. I move in over the weekend.

**Cut to last night.**

Landlady rings and says there's a problem with the references. My work one still hasn't come back and the bank has given me a bad reference (probably something to do with the fact I am taking them to court for £2,500 I think). She says the refernce from the bank is no good and she needs a guarantor - I say I have no one to do it for me, my mum is disabled and my grandfather is retired, and bloody old, so no good there and there is no one else. She then says - 'well I need an extra months rent as a guarentee' I say no I haven't got it (how many people can pull £465 out of thin air?), she then says 'ok we'll split it over the rest of the 6 month tenancy, £100 per month extra' again - I can't pay that.

We go to and throw and argue about it and I eventually say I'll try to get my grandad to be guarantor, even tho that's really embaressing for me to have to do and he will not be keen in doing so.

THEN to top it all off - she asks me to pay for the stamps and paper she will have to use to do all this!! she wants ten damn pounds just because SHE made a mistake and was too eager to get a contract signed!!


Anyway - before I actually see if my poor grandfather will do this for me (he is 83) - where do I stand - I think I can just stick two fingers up and tell her to !!!!!! off but that wouldn't help with getting things done around the house would it

Any advice is appreciated cheers

matto

Not quite sure whether it helps your situation but as of 6 April, if you pay a deposit on an assured short term tenancy, your deposit must be protected by a tenancy deposit scheme.

Your landlady must then within 14 days provide you with details of which tenancy deposit scheme they are using and the contact details for the scheme.

shelter.org has the following information regarding what happens if no deposit scheme is in place

What can I do if my landlord or agent doesn't provide the required information or hasn't protected my deposit?
If your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then you can apply to the county court for an order that the landlord or agent should pay the deposit back to you, or protect it in one of the tenancy deposit protection schemes. The court will also order the landlord or agent to pay you compensation equivalent to three times the value of the deposit you paid. The landlord or agent must do all of these things within 14 days of the court order.

In addition, if your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then there are restrictions on how they can evict you. Normally, landlords of assured shorthold tenants can evict a tenant by giving you a minimum of two months' notice and then getting a court order without having to show a reason. This is known as the 'shorthold ground'. However, if your landlord or agent hasn't protected your deposit and provided the required information within 14 days, then they cannot use the shorthold ground to evict you.

Generali

If you've signed the actual AST (or whatever) contract she's too late as far as I can see.

peter999

If she wanted references & guarantor, she should have thought of that before.

She's got a new tenant quick, which is main thing.
Most people would not guarantee other people's debts, even family or close friends.

I think it's just a storm in teacup.
Try to persuade your landlady she's worrying over nothing & you can't provide guarantor.

peter999

Note: if deposit is not protected within 14 days, your landlady is breaking the law & you can claim back 3x amount.

prudryden

Did the LL also sign the contract and, if so, do you have a copy of it? If she hasn't signed, you may not have a contract and could be a sub-letter of your friend, depending on her status. Rather than ask someone else to be a guarantor, it might be easier to borrow £465 from that someone.

harryhound

In some ways you are lucky to be dealing directly with the landlord.
Presumably you and your friend are jointly and severally responsible for the rent, so you are guaranteeing each other?

I had this nonsense with my 19 year old daughter and simply refused to sign the guarantee, the landlord backed down - how are kids ever going to grow up if we don't treat them as adults.

If I am worried about someone being able to pay me, I suggest they give me post dated cheques or even undated cheques, if their only problem is a matter of cash flow (Has only come in handy once, when someone died on me :eek:)

If you explained to me your situation; I would ask you for post dated cheques as these are promises to pay. You forgo the right to grizzle about something wrong with the property when you decide to take the "can't pay won't pay" stance.

So if you really intend to be responsible about your accommodation and realise this is the most important of your monthly outgoings, be upfront with the landlord and explain there will be no problem about paying on time and offer post dated cheques.

Voyager2002

Try to see it from the landlady's point of view:

She obviously trusted you, and issued the contract, took your money and allowed you to move in on the assumption that your references would be fine. Then it must have been a nasty shock for her when your bank wrote back describing you as trouble. Remember, she is trusting you with a major investment, and it is quite likely that her income in retirement depends on that house. Therefore, a problem tenant would be a disaster for her.

Anyway, she should perhaps have taken legal advice once she received the bad reference, but that would probably have led to her evicting you. You should be grateful that she allowed her fears to get the better of her, and has actually acted in ways that are unlikely to be legally enforceable.

Anyway, you need to make contact with her and be very patient: explain that you are in dispute with your bank and you believe there is a problem on their side (no need to go into details); accept that it was disturbing for her to receive a bad reference on you once you were already inside her property; assure her that the reference from your work will be good (and try to get them to hurry up about sending it); and try to suggest some other way in which you can provide her with evidence that you are a reliable and trustworthy person.

Tetsugaku-San

Thanks very much everyone - you've been a great help

I think in the interest of keeping her happy with me I am going to offer her postdated cheques first and then if she doesn't agree I'll have to get my mum to (she will but I still don't like to ask - I am 29!).

It is difficult in a situation like this to see it from her point of view but I suppose she has legitimate concerns after my bank said I was a git!

She does want £10 for the privilege of me getting a Guuarantor however which I think is really a *little* rich TBH, see what I can do on that one!

Thanks very much again

silvercar

What is the point of taking references AFTER issuing the tenant with a contract?

Sounds like your landlord doesn't know what she is doing. I would print out some information on the tenancy deposit scheme and ask her which scheme she has chosen.

Guy_Montag

It doesn't really help the current situation, but don't mention the tenancy deposit scheme until you're ready to take her to court for three times the deposit. She's being a git to you, you might as well be a git back. Think about it? You get to stay in your place for six months for the price of three.

Anyway getting back to the issue at hand - if everyone's signed the contract I'm not sure if she can go back on it, unless there is a clause to the effect of "subject to acceptable references".

I'd also write to the bank & request a copy of the reference provided & move your accounts.

Meatballs

Voyager, renting is a business. Tetsu is the client.

£10 postage is insane and completly unjustified to pass the cost onto you. Put your foot down. What's she going to try to charge you for professional cleaning when she says it isn't clean enough? £500?

It's her fault she didn't wait for references. The way I see it is she can evict you, but that'd take over 2 months and would be a lot of hassle. Or she can trust you, and have a lot less hassle. Plus if its a joint tenancy then all housemates are equally liable for the rent as mentioned previously. So if you disappear they have to fork it up.

I wouldn't give her any extra money you'll never see it again.