When can LL go to guarantor for rent?

hjsmum

Hi, I wonder if anyone could answer a question for me?

If a tenant is late with rent, how soon can the landlord go to the guarantor to ask them to pay?

Thanks

zzzLazyDaisy

What does it say in the Guarantor Agreement?

hjsmum

I'm sorry but I'm not sure. I'm asking on behalf of a family member who is the tenant.

zzzLazyDaisy

Your relative should have a copy of the guarantor agreement. If not they should ask the agent/LL for a copy, or just ask the guarantor if they can check the agreement. Only the Agreement can tell them the terms of the contract, no-one on here can give you the answer to your question without seeing the Agreement.

In reality the agent/LL will normally chase the tenant first and only if that fails will they contact the guarantor. So a few days late with the rent won't involve the guarantor, but if they are a month or more in arrears, the agent/LL will contact the guarantor at some point. How quickly they will do this depends on how competent the Agent is - sometimes the rent is two or three months in arrears before the Agent contacts them, on the other hand some agents are on the ball and will be onto the guarantor quickly.

Werdnal

Also bear in mind that once the tenant is 2 months owing on rent, the LL can apply to court to evict within 14 days notice, so if there is any chance the guarantor or someone else can provide the rent, then tenant would be best getting hold of that money to keep a roof over their heads!

hjsmum

Thank you for your replies.

Hopefully the situation will be resolved in a couple of weeks rather than months. My relative was just worried that as he is a week late with his rent, the landlord will be asking his guarantor straight away but it sounds like that is unlikely at this stage.

Thanks again for your help

BitterAndTwisted

Has the landlord been in touch about the rent owed? Your relative should be contacting the landlord asap themselves, rather than waiting to see what happens.

If I were the relative's landlord I'd be contacting the guarantor the day after the rent was due and remained unpaid. Some landlords might have a little more patience, especially where the tenant has been in touch and made arrangements to bring the rent-payments up to date.

Werdnal

ITA with above, don't ignore the fact that rent is late without contacting LL and explaining the situation. LLs can be understanding IF tenant puts them in the picture and doesn't just assume LL will not notice rent has not arrived. However, tenant should not make promises they cannot keep either - dont say "sorry rent will be a week late this month", if in a week's time they are no more likely to be able to pay.

Why is tenant struggling to meet rent? Is there a valid reason? Is it likely to be ongoing? Can they beg, steal or borrow the money? Usual advice when in financial difficulty is that rent is a priority payment and should always be met regardless of other bills!

BitterAndTwisted

The rent falling due isn't something that happens without warning. If the tenant is currently unable to meet their obligations, this has probably been apparent for some weeks. Contact should have been made the moment this situation was recognised, not weeks later.