Guarantor problems

G_M

rpc wrote: »

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.

I would not be so definative.

Strictly speaking, your legal interpretation is correct.

However, in practice, it is up to a judge to decide whether to allow the guarantor agreement or not.

He may decide that the lack of the words "Executed as a Deed" is not fatal to the claimant's case, given that

* the purpose of the document was clear
* it was witnessed
* the tenancy agreement to which it applied was supplied & understood

Certainly I would apply to have the guarantor agreement set aside as part of the defence, but judges can be unpredictable.....

Lillyme

My relative is 60 and the place she worked for closed down unexpectedly. She has little chance of finding another job but is trying.

The landlord refused a deposit and instead asked for first month rent paid in advance plus Guarantor which I agreed to do.

I will write out defence once I receive the statement of rent owed from the LL and we know what's what.

Never again

Lillyme

NEVER EVER be a Guarantor you simply have NO rights only the unscrupulous landlords do. Guarantors should be stopped not allowed.

I have got the account of rent paid and the £1200 supposedly owing is for between end of Jan and middle of March,the rent was £455pcm,she left in Feb. The property is still empty because he did structural,historical repairs but still has not re-let as nobody wants it so he clearly wants to recoup losses as all but one tenant has left that property now, 2 making claims against him for damage to possessions and health issues caused by severe damp he refused to address

I cannot afford a lawyer and cannot afford to pay in one go. My relative is distraught and at 60 is probs unemployable now. Recession is hitting hard.

Guest101

Lillyme wrote: »

NEVER EVER be a Guarantor you simply have NO rights only the unscrupulous landlords do. Guarantors should be stopped not allowed.

I have got the account of rent paid and the £1200 supposedly owing is for between end of Jan and middle of March,the rent was £455pcm,she left in Feb. The property is still empty because he did structural,historical repairs but still has not re-let as nobody wants it so he clearly wants to recoup losses as all but one tenant has left that property now, 2 making claims against him for damage to possessions and health issues caused by severe damp he refused to address

I cannot afford a lawyer and cannot afford to pay in one go. My relative is distraught and at 60 is probs unemployable now. Recession is hitting hard.

I'm not ure, it sounds like it could be your relative didnt give correct notice.

keith1950

Hi, I am sorry to hear your problems however this just goes to show how little attention is paid when signing legal documents.

A friend needs help and the consequences and responsibilities of what you are doing are brushed to one side.

As has already been stated MoneyClaimOnline is the method of starting an online claim for the money owed. ( it was previously through the Ministry of Justice but has now been transferred to the gov.uk website )

Do not ignore anything you receive , reply immediately , if you do not pay up what is owed before it goes to court you will have extra court costs added.

Once you have ascertained the exact amount owing make an offer to the court to pay it back over a couple of years and see if this is accepted. However don't take this lightly it will be a legal commitment you are making.

If you don't act you will end up with CCJ's and trash your credit rating for a long time.

Guest101

keith1950 wrote: »

Hi, I am sorry to hear your problems however this just goes to show how little attention is paid when signing legal documents.

A friend needs help and the consequences and responsibilities of what you are doing are brushed to one side.

As has already been stated MoneyClaimOnline is the method of starting an online claim for the money owed. ( it was previously through the Ministry of Justice but has now been transferred to the gov.uk website )

Do not ignore anything you receive , reply immediately , if you do not pay up what is owed before it goes to court you will have extra court costs added.

Once you have ascertained the exact amount owing make an offer to the court to pay it back over a couple of years and see if this is accepted. However don't take this lightly it will be a legal commitment you are making.

If you don't act you will end up with CCJ's and trash your credit rating for a long time.

Stop. Dont assume that the guarantorship is enforceble. Dont assume this money is actually owed.

The whole point is to determine whether this money is owed.

The OP would only get a CCJ if they failed to pay as ordered by the court.

I could start a claim against anyone, would they just pay? No. (or if they did, cheers :beer:)

keith1950

Stop. Dont assume that the guarantorship is enforceble. Dont assume this money is actually owed.

The whole point is to determine whether this money is owed.

Hi, I did qualify my answer by saying....

Once you have ascertained the exact amount

I agree but having ascertained your assumptions the OP needs to take action.

HarryBarry

Have you told the landlord you have no money?

Explain to him that even if money is owed, you don't have it which is the reason he doesn't have it. It might not make a difference, but you never know he might change his approach or be more willing to accept it over a period of time.

Guest101

keith1950 wrote: »

Hi, I did qualify my answer by saying....



I agree but having ascertained your assumptions the OP needs to take action.

You said when the amount is confirmed, im saying the who 'being a guarantor' maybe unenforceble, even if the tennt does owe miney

Lillyme

She did as advised by a property solicitor, 1 month notice which the landlord responded to by requesting the property be left clean and ready to re-let. She moved into another property before this month was up using a Bond paid by the council and returnable to them. This was to reduce her outgoings for rent and heating.

He has charged £910 for 28 Jan to 11 March then £220 for the last 2 weeks of tenancy.

I did respond immediately to the papers asking for the 28days to sort defence, I will be sending my defence and copies of documents, offer payment plan, on Monday morning.