Guarantor crisis.

sukaber

princeofpounds wrote: »

.

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.

.

Thank you . The bond is more than the rent he owes so maybe that's a route I can persue. I'll write , explain my circumstances and see what they say. Are they likely to take me to court if I offer them a monthly payment. I'm presuming court will allow me to pay monthly anyway? I really don't want a CCJ but I haven't got anywhere near £699 .

sukaber

princeofpounds wrote: »

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.

Well part time work, single parenthood and redundancy kind of prevent me paying anywhere near 200 a month. I just haven't got that kind of money. If I had it, I'd pay the whole £699 today.

I have to add though, that when I agreed to be guarantor I was working full time and so was my son, I had no reason to a) think that he would default on his rent, or b) that either of us would lose our jobs. I'm not someone who expects not to pay their dues or anything.

Gonzo1987

sukaber wrote: »

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.

I understand you accept he owes it, but the whole point of the bond is to be put towards damages and non payment of rent - your son has to agree with the figure they charge for damages, they can't just keep it - and then anything outstanding can go towards the outstanding rent. If you get this sorted, then you might find the outstanding balance is a much more manageable one.

DRP

sukaber wrote: »

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.

Rental deposits are sometimes not that easy for a landlord to retain, especially when the tenant disputes or the landlord hasn;t handled the paperwork correctly.

I would be following the process suggested in Pixie5740's & Gonzo's posts regarding the legitimacy of the guarantor agreement you think you signed and get your son to pull his finger out if he is disputing the claim that he left with rent arrears and the flat in a state. He's not a kid at 25!!!

sukaber

DRP wrote: »

Rental deposits are sometimes not that easy for a landlord to retain, especially when the tenant disputes or the landlord hasn;t handled the paperwork correctly.

I would be following the process suggested in Pixie5740's & Gonzo's posts regarding the legitimacy of the guarantor agreement you think you signed and get your son to pull his finger out if he is disputing the claim that he left with rent arrears and the flat in a state. He's not a kid at 25!!!

I agree, he's not a kid, and I'm a little embarrassed to even ask about it here because he should be sorting all this out himself. Thanks for all your help though, you've been great x

Lily-Rose_3

Agree with Gonzo Su. I hope you get this sorted soon. And I agree that many people haven't just got two hundred quid to spare. Many people are down to their last fiver in the bank. I don't think some people 'get' this. I am really sorry for you, and I hope this sorts itself out. Some landlords are unscrupulous and will try and screw money out of tenants. So although your son does owe the money, the LL cannot just assume that he can insist on the seven hundred pounds rent back in full and keep the deposit too. Damn cheek!

I suggest you seek advice about this. The LL best be careful about not accepting £50 a month, as if it does go to court, he could well end up with less, or nothing, as you cannot afford it.

Have to say hell would freeze over before I would become a guarantor, but that doesn't help you does it? :P

Good luck.

princeofpounds

And I agree that many people haven't just got two hundred quid to spare. Many people are down to their last fiver in the bank. I don't think some people 'get' this.

Most people don't agree to guarantee hundreds of pounds in rent without the funds to do so. I acknowledge the the OP's circumstances changed but the liability she assumed does not.

Some landlords are unscrupulous and will try and screw money out of tenants. So although your son does owe the money, the LL cannot just assume that he can insist on the seven hundred pounds rent back in full and keep the deposit too. Damn cheek!

There is no cheek here. That money is contractually due to the landlord. And if there are legitimate damages, the landlord should also be recompensed.

I suggest you seek advice about this. The LL best be careful about not accepting £50 a month, as if it does go to court, he could well end up with less, or nothing, as you cannot afford it.

He won't end up with less or nothing. But it might take a lot longer for him to get it back.