I need to get out of my guarantor contract.

theartfullodger

silkyuk9 wrote: »

I understand that so in real terms it would be acceptable for a tenant not to to pay rent and the landlord not bothering to evict etc but take the guarantor to the cleaners until no money left etc then evict the tenant

Legally OK, morally wrong:

Do not confuse the law with "justice"...

Acceptable to whom?

silkyuk9

G_M wrote: »

Well, in normal circumstances, guarantors and tenants have a relationship - there is trust between them. Usually they are family.

In the scenario you describe, dad (the guarantor) says "Look son (tenant), I'm not paying your rent for ever. If you can't afford the place, give notice and come back home to live."

The tenant then gives notice and leaves.

My son is not living there anymore hes moved out. However the ex has no intention of moving out but now as said before she is a woman scorned so to speak and is threatening lots of things, at moment this issue has not cropped up so im hoping this is not on her mind, but she wants her revenge.

silkyuk9

theartfullodger wrote: »

Legally OK, morally wrong:

Do not confuse the law with "justice"...

Acceptable to whom?

Im thinking if the tenant did not pay rent but the landlord did not bother evicting her would it be acceptable in court for them to say to me tough !!!! you signed the contract live with it. and go through courts to lose my home etc £600 per month does not grow on trees. Who would the court protect? me or the tenant and let them live in the house and me pay??

outofmoney

I have no real knowledge but from what I have gleaned here I believe that if the tenant refuses to pay rent the LL can only come after you for any money owed once they have evicted the tenant. They could not just ask you for the money each month but allow the tenant to stay.

silkyuk9

outofmoney wrote: »

I have no real knowledge but from what I have gleaned here I believe that if the tenant refuses to pay rent the LL can only come after you for any money owed once they have evicted the tenant. They could not just ask you for the money each month but allow the tenant to stay.

I hope this is the case as I put £1000 bond up also, so would hope that the letting agent took that into account if the rent for month 1 was not paid and took that out of the bond payment. Then at least take steps to evict the tenant, rather than turn a blind eye so I have to pay regardless each month

mrginge

outofmoney wrote: »

I have no real knowledge but from what I have gleaned here I believe that if the tenant refuses to pay rent the LL can only come after you for any money owed once they have evicted the tenant. They could not just ask you for the money each month but allow the tenant to stay.

I don't believe thats true.

jamie11

silkyuk9 wrote: »

I hope this is the case as I put £1000 bond up also, so would hope that the letting agent took that into account if the rent for month 1 was not paid and took that out of the bond payment. Then at least take steps to evict the tenant, rather than turn a blind eye so I have to pay regardless each month

Strange. Guarantors are not normally expected to pay a deposit, if you did though, where is the deposit currently held?

silkyuk9

jamie11 wrote: »

Strange. Guarantors are not normally expected to pay a deposit, if you did though, where is the deposit currently held?

Its a famliy issue where the ex is not a family member. However they (son and ex) were stuck for £1000 for the bond required so I gave them the money for a bond but the money would return to me after they left at some point. Initially I was in a bit pressurized to help my son and ex get this home as my son worked in the area and ex was a student. Now as previously said its all gone wrong and the mud slinging has begun but the ex wants revenge and if she sat and thought about it this is a perfect way of getting her revenge.

Is does sound a bit Jeremy Kyle but unfortunately this is all happening and its not fair

martindow

If someone runs into my car so I can no longer use it, I can send them or their insurance company the bill for a hire car for a short time while the car is being repaired. The OP's situation is analogous to me not bothering to do the repair, renting a car indefinitely and expecting the bills to be paid. I would not get away with this as I would be expected to mitigate the expense.

It does seem extraordinary that being a guarantor can be so open ended. Is there no responsibility for the LL to mitigate the loss if the guarantor gives a few months notice to give the LL time to serve an S21 and evict the tenant?

Alternatively could the OP write to his sons ex to say that they intend to start a court claim to reclaim the money he has paid as a guarantor. He could say that he will not pursue this if she gives notice and terminates the tenancy. Otherwise she will have to pay or risk getting a CCJ or becoming bankrupt.

roger196

A few thoughts......
1 Is the guarantee a consumer contract?
2 If yes, then it is covered by the Unfair terms in Consumer Contracts Regulations 1999.
3 Look at Schedule 2 para 1(c) for an example of an unfair term.
4 Does a guarantee which only allow the landlord to evict the non-paying tenant but not the guarantor fall within the meaning of the example quoted above.
5 Have a look at para 5 (1) to see whether there is a significant imbalance in the parties obligations. Contrast the landlords obligations and rights with that of the guarantor.
6 Is the failure to provide a notice period to withdraw from the guarantee an unfair term?
7 Suggest you ring the Office of Fair Trading for their current views. Might be worth seeing your local MP at his surgery.
8 Many of these regulations are the result of directives from Brussels. Check whether this is one or not. If yes, try approaching the appropriate DG.