Guarantor crisis.

sukaber

I hope this is in the right place. I have a son of 25. He lives away and a couple of years ago asked me to be his guarantor for a flat he wanted to rent. I was at the time working full time and agreed to do so. Recently he was made unemployed and has moved out of said flat. They still hold his bond and he paid a months rent in advanced but he apparently owes them £699 rent. Now I don't want comments on my son's behaviour or anything, I just want to know where he and I stand. He offered them £50.00 a month which is what he can afford, being unemployed, but they have refused that, saying they will get it from me being as I am employed. Since being guarantor I have changed from full time to part time work, i'm being made unemployed in August and am a single parent so I'm on tax credits...... could you tell me where I stand in this matter please?

Gonzo1987

I'm pretty sure as a guarantor they're within their rights to chase you for the money as you basically signed saying you agree to pay if your son can't/won't.

I would ask them to break down of when this rent was due and what has happened to the bond.

cajef

As a guarantor you are responsible for his debt if he defaults, that is what happens if you agree to be a guarantor.

sukaber

I'm not doubting I have to pay it, I knew that when I signed... but as I'm not in a position anymore to even pay 50 pounds a month, as he has offered, where do I stand as far as paying monthly is concerned?

Pixie5740

Did you sign any paperwork when you became your son's guarantor and if so do you still have said paperwork?

Also where in the UK are you based as there are different tenancy laws depending on which country you are in?

Lastly, do you know, or can you find out if your son's deposit was protected?

sukaber

Gonzo1987 wrote: »

I would ask them to break down of when this rent was due and what has happened to the bond.

i have a breakdown of the rent, which appears to be in bits and pieces, IE. £100 in arrears one month, £60 another etc. I'm not dwe3nying he oes it. As for the bond, they say he left the place in a mess ( though he denies that) so I am kind of going on the fact he's not going to get that back... they say that they don't hold the bond anyway, it's with a third party.. I believe this is the law now? I've told him to fight that but it's not going to help right now anyway. Thanks for your comment.

princeofpounds

There could be a variety of reasons why the guarantee is not valid (was it executed as a deed? were you given sight of the contract you were guaranteeing in advance? etc.).

However you will have to be confident enough to defend in court.

If the outstanding rent is similar to the bond, then it might be best to simply let them take it from there. They may protest about getting the rental payment in and then returning the bond minus any further damages, but ultimately it would be an easier option for them, and if they do that they cannot pursue you as well.

If we are talking about rent arrears over and above the bond, then one of you or both are likely to get pursued, so between yourselves you will have to come up with a plan to pay it, or defend it, and/or risk a CCJ.

sukaber

Thanks Pixie. He is in Bristol. I don't think I had a copy of the paperwork (stupid of me not to copy it ) , I jsut sfgned and sent it away.

Pixie5740

There should be an inventory from when he moved in and other taken when he vacated the property. The onus is on them to prove your son caused any damage.

Your son should also have received the details (prescribed information) when his deposit was lodged in one of the deposit protection schemes (DPS). By law they must provide him with these details. If he does know the details then get him to reclaim his deposit for the DPS.

princeofpounds

I'm not doubting I have to pay it, I knew that when I signed... but as I'm not in a position anymore to even pay 50 pounds a month, as he has offered, where do I stand as far as paying monthly is concerned?

You stand nowhere. Whilst a judge won't look that favourably on rejection of a reasonable payment plan and/or mediation, the LL is not forced to accept one. Frankly £50/m is not a serious offer. If you offered £200/month and actually paid the first 200 right away then you might find things calm down, as it probably would take 2 months to even get to court.

Pixie5740

sukaber wrote: »

Thanks Pixie. He is in Bristol. I don't think I had a copy of the paperwork (stupid of me not to copy it ) , I jsut sfgned and sent it away.

I would write to the LA asking for evidence that you agreed to be a guarantor. They should be able to provide you with a copy of the "Deed of Guarantee" if they ever got you to sign one. If they can't provide the document I'd be inclinded to tell them to poke it. If they can't prove your the guarantor they can't hold you liable for the outstanding rent.

Your son has agreed to pay them back at £50 a month so they will eventually get their money.