Guarantor problems

sammyjammy

However this goes it should be the person that you guaranteed that should pay the arrears if due. It seems the landlord has headed straight for you without even contacting them? What do the tenants say about the situation? You shouldn't be lumbered with this by yourself.

G_M

artful - it sounds like a claim has already been made via Moneyclaimonline, so no bluff.

To sum up OP:

* ignore the invalid S21 - not relevant
* ignore the structural/damp repairs - irrelevant

* check the Guarantor agreement- it may be invalid:
- "Executed as a Deed"?
- witnessed?
- copy of tenancy agreement provided before you signed it?

* check the amount owed
* it does appear that the tenant also gave inadequate notice(bad solicitor advice) as 4 weeks is not enough (unless rent was paid weekly?), but this is only relevant if the claim includes rent to cover this period
* speak to your relative! It is his debt and he should pay!

* what defence you putin dependson
a) whether the guarantor agreement is valid or not and
b) whether the amount claimed is actually owed

* if you have no defence and/orlose, you can then present your own financial circumstances tothe court and request time to pay, or installments
* however, if you fail to pay whatever the court orders, you will get a County Court Judgement against your record

Lillyme

G_M wrote: »

artful - it sounds like a claim has already been made via Moneyclaimonline, so no bluff.

To sum up OP:

* ignore the invalid S21 - not relevant
* ignore the structural/damp repairs - irrelevant

* check the Guarantor agreement- it may be invalid:
- "Executed as a Deed"?
- witnessed?
- copy of tenancy agreement provided before you signed it?

* check the amount owed
* it does appear that the tenant also gave inadequate notice(bad solicitor advice) as 4 weeks is not enough (unless rent was paid weekly?), but this is only relevant if the claim includes rent to cover this period
* speak to your relative! It is his debt and he should pay!

* what defence you putin dependson
a) whether the guarantor agreement is valid or not and
b) whether the amount claimed is actually owed

* if you have no defence and/orlose, you can then present your own financial circumstances tothe court and request time to pay, or installments
* however, if you fail to pay whatever the court orders, you will get a County Court Judgement against your record

Yes I will if all else fails/I lose, ask for time to pay in installments, I simply do not have the cash anymore nor to pay legal fees court costs. My relative will pay me whatever I pay, but the landlord has made no contact with them, he has gone straight to me via court and they don't get why the debt is so high, they are distraught with worry as I am.

Lillyme

The actual Guarantor Agreement (he sent me this week) is just written/printed on the LL's company headed notepaper, it states I am liable till the tenant vacates and accounts are settled etc also that I confirm I am co-owner of the property I was living in at the time. Then it's signed and dated by me and another relative. Its not an actual purpose made form like the Tenancy Agreement my relative has.

I don't know if its scanned onto his headed paper from another form, I don't recall what the document was like original to be honest.

[Deleted User]

If I understand the timeline correctly:

Tenancy commences for 12 months at £455 per month. Fixed term tenancy ends and reverts to periodic tenancy. At month 14 of the tenancy relative loses job and doesn't pay rent. Rent arrears begin to stack up, from month 14 to month 20 some arrears were paid off (£1240 worth) and then relative left after providing 4 weeks notice. Now the tenancy has ended there is a supposed outstanding balance of £1200 (+£70 costs) and the landlord is chasing you (the guarantor) instead of the relative?

If your relative "doesn't know why the debt is so high" that would indicate that they don't believe they left with any arrears, if that's the case have you asked your relative to provide you with a list of all the payments that they made to the landlord? That would be a good place to start with regards to the amount of arrears supposedly owed, it could be that the landlord thinks he can pull a fast one by chasing the guarantor instead of the tenant, 'cause what guarantor knows which rent payments were or weren't paid?

That would be my first port of call.

G_M

1) signed by another relative ... as witness?
2) does it state "Executed as a Deed"?
3) Were you given a copy of the tenancy agreement before you signed?

The paper used, and precise words, don't make a difference(other than specifying any terms/conditions)

Lillyme

They paid toward rent once HB was sorted, plus the £1240. I have asked relative for records of rent paid and we are just waiting for LL's breakdown of what's owed to see where total has come from.

When he sent copy of Guarantor document he says in email (a) I had it already (I didn't) ( b)I was time-wasting and the sooner I simply paid up the better so it could be settled.

Lillyme

No it doesn't say 'enacted as deed' or Executed by Deed anywhere - would this be at the beginning of it ? It is merely signed and dated by me and a witness - another relative - at the end of Agreement

I saw tenant/relatives tenancy agreement


I will try Shelter but have to go out for a bit now, am off today to try to sort mess out with relative

Thanks all for help and suggestions so far.

19lottie82

OP, I hope you find some sort of loophole that can get you out of this mess but please take this as a lesson..... NEVER sign a guarantor agreement or anything, for that matter without fully understanding the implications and your responsibility.

If your relative had defaulted on his rent straight after he signed the tenancy, you could have been held liable for the 12 months rent!

rpc

Lillyme wrote: »

No it doesn't say 'enacted as deed' or Executed by Deed anywhere - would this be at the beginning of it ? It is merely signed and dated by me and a witness - another relative - at the end of Agreement

If it does not plainly state that is is a deed, then it is not a deed. If it is not a deed, it is not an enforceable guarantee.

It sounds very much like you can defeat this on the basis of no liability (because you have no binding guarantee agreement). I would still add all the other grounds to your defence but this is probably the one that the claim will fail on.