guarantor tenant not leaving property

cowsnhope

Hi
I am acting as a friend's guarantor for his rent. My friend's tenancy is due to end in a couple of weeks, I have referred him to a local housing support agency as he is at risk of becoming homeless - they have advised him not to move out of the flat. Can anyone tell me how this will affect me? Will I be paying his court fees now? My friend is on benefits.
Thank you

Cautious_Optimist

cowsnhope wrote: »

Hi
I am acting as a friend's guarantor for his rent. My friend's tenancy is due to end in a couple of weeks, I have referred him to a local housing support agency as he is at risk of becoming homeless - they have advised him not to move out of the flat. Can anyone tell me how this will affect me? Will I be paying his court fees now? My friend is on benefits.
Thank you

Why has the LL ended his tenancy?
Can't he find another place to live himself? eg lodging house, B&B etc?


You need to get him out on time and without causing the LL any problems, or else the LL can sue you for the costs.


Why is he on benefits?
Could you take him in as a lodger, just until everything is sorted with his LL etc?
Then once your guarantor agreement is cancelled (I'd try and get that in writing from the LL), then you can give him notice to leave and as he is your lodger, not tenant, the council will have to treat him as homeless.

jjlandlord

If he is evicted through s.21 the tenancy agreement you, as guarantor, are not automatically liable for the landlord's legal costs, even if the court awards them to him as part of the eviction proceedings.

cowsnhope

Any idea how much these cost are going to be??

Cautious_Optimist

jjlandlord wrote: »

If he is evicted through s.21 the tenancy agreement you, as guarantor, are not automatically liable for the landlord's legal costs, even if the court wards them to him as part of the eviction proceedings.

Is this always the case?
Won't it depend on the guarantor agreement?
If I was the LL, I wouldn't be happy with such a contract clause!

cowsnhope

I have also been advised by the support agency that the council will advise my friend to stay also.

Cautious_Optimist

cowsnhope wrote: »

Any idea how much these cost are going to be??

That depends on your friend, the tenant!
If he just does as his LL asks, then they should be nil.
Why is the LL ending the tenancy?

cowsnhope

He is being evicted through s21

cowsnhope

Tenancy ending as landlord is selling the flat.

Cautious_Optimist

cowsnhope wrote: »

Tenancy ending as landlord is selling the flat.

Have you spoken with the LL?
Maybe the LL knows another LL who he can recommend your tenant friend to?

cowsnhope

I do not think the LL would recommend my friend.
I've just had a look round the net and it seems that this could cost me thousands of pounds - I am really worried and really angry with the support agency who have kept telling me they can help my friend but have only now told me this is how they intend to help, despite me asking them, leaving little time now for my friend to find somewhere, if they'd just told me a month ago that this was all they could do then both me and my friend would be in a better position.