Got screwed as the guarantor - Has anyone successfully sued?

pmlindyloo

lionyard wrote: »

Yes, I understand that. But really, when it's your kids home you're talking about, getting screwed wasn't in my mind at the time.

Are you considering suing your daughter/son?

spacey2012

OP, you are getting dragged in to debate over morals, stay on track.

jjlandlord

It's always worth seeking legal advice being accepting to be a guarantor, including re. having an agreement that if you have to pay out the people you guarantee must repay you.

spacey2012 wrote: »

Not irrelevant at all, if the deed is not legally viable the landlord had "no cause" to seek monies and it must be paid back.

No.
There was an agreement that OP be guarantor. When landlord came to enforce it, OP could have refused to pay on grounds that agreement was void (if he had reasons to believe so).
However he accepted liability and paid. It's done.

lionyard

pmlindyloo wrote: »

Are you considering suing your daughter/son?

No, my ex-wife and her brother.

spacey2012

You can not accept a liability that does not arise, if they had cause by correct deed of contract, then the money was correctly paid.
If the contract is invalid, they were conned / mislead and it is owed back.

Same principle as say your utility charges you £2000 believing they had a contract to do so, it later transpires they had no contract, can they keep the £2000 as you paid it after receiving threats ?
Anyone who does not know the answer should not really be on here.

anselld

Thrugelmir wrote: »

You have valid grounds.

What valid (legal) grounds?

spacey2012

anselld wrote: »

What valid (legal) grounds?

The only grounds are if this contract is null.
There is no-recourse against the renters usually, the contract is a deed between two parties, they do not pay the rent, the guarantor does, end of story.
Now if this contract does not meet the requirements of a legal deed of guarantee then this is really the only avenue available.

I do understand a few of the board landlords are getting flustered over this.
Tough.

Buzby

That the payment you were forced to make was due to their failing. Whilst you had no direct agreement with the tenants, you had to pay under your obligation to the LL.

Assuming they have the funds to pay (and only if you are sure they have) you raise a SC action requiring them to repay your LL repayment, with interest from date of judgement. You will beet the paperwork that shows their signature accepting the tenancy and yours as guarantor.

jjlandlord

There was a written agreement (we don't know and can't say how strong it was, but it is still a written agreement) to guarentee. When the landlord came to enforce it, OP clearly stood by his word, accepted his liability and paid up.

Even if the document was not a deed, the above would stand. There was no con, and no-one was mislead as far as we can tell.

If one wants to them ask his money back from the landlord, he should be prepared to spend more than the sum being discussed in legal fees for a very slim chance of success, IMHO.


(I won't bother commenting on the utilities example....)

simontink

I am in a similar boat. My son got me to sign an application by guarantor. As i am unemployed i told my son it was unlikely i would be accepted. My son said the application was just a form to sign to check my credit rating/assets. Now after non payment the landlord is stating i am now the guarantor. I have no idea about how much rent he pays monthly, how long the contract is for, if it is individual or joint tenancy etc as i have necer seen the tenancy agreement. I have never signed in front of a witness or met the landlord. I am sure this is not a legal document