guarantor tenant not leaving property

jjlandlord

G_M wrote: »

I did not say it automaically did.

Well you should not suggest that it does, then

Even if the guarantor takes the liability for all the tenant's obligations under the tenancy that does not include s.21 legal costs.

There would probably need to be very specific terms in the tenancy agreement and/or the guarantee.

G_M

Cautious_Optimist wrote: »

Until his deposit is returned to him and your guarantor agreement is cancelled.
I'm not sure about any more details about that.
Even that you are wrong to be sure about....

Return of deposit is unrelated to end of tenancy. (eg if deposit was not registered, LL might return it in order to serve a valid S21, but the tenancy would not have ended)

And very few guarantor agreements are cancelled in the sense of the parties writing a physical cancellation. They are cancelled by virtue of the fact that the tenancy has ended. (though stricly even then they are not cancelled since there may be outstanding debts)

:think:

Cautious_Optimist

cowsnhope wrote: »

Yes



I offered to lend my friend six months rent in advance that he could pay back with his Housing Benefit .

Are you completely mad???

cowsnhope

I have a copy of the guarantor form I signed and will go check it

G_M

Cautious_Optimist wrote: »

Are you completely mad???

or very VERY good friends.......

cowsnhope

probably - but also very worried about my friend who is unwell


No - not 'very' good friends

cowsnhope

the thing I signed says 'this Guarantee and Indemnity shall apply to acts omissions and default of the Tenant in respect of the Tenant's obligations and liabilities under the Tenancy Agreement to pay rent'
So I guess I need to see what his Tenancy Agreement says he is liable for and if that covers court fees then I have to cover this too?

G_M

cowsnhope wrote: »

the thing I signed says 'this Guarantee and Indemnity shall apply to acts omissions and default of the Tenant in respect of the Tenant's obligations and liabilities under the Tenancy Agreement to pay rent'
So I guess I need to see what his Tenancy Agreement says he is liable for and if that covers court fees then I have to cover this too?

Seems clear. Provided he pays rent up to date tenancy is ended (however that happens) the guarantor will have no further liability.

If LL goes to court seeking possession under S21, and court awards the possession order to the LL, and costs against the tenant, the guarantor will not be liable since those costs do not relate to rent

Cautious_Optimist

Get your friend out on time and there won't be any costs.


Have you spoken to the LL?
This agreement is between you and the LL, so I would be speaking to him ASAP. Why assume it will go to court?


So has your friend fallen out with the LL? You said LL wouldn't recommend him..


Do you have personal legal cover as part of your own house insurance? You MAY be covered for any legal costs. But best to avoid court at all.

cowsnhope

When my friend rented the property the LL put it on the market and kept asking for people to come round for viewings, my friend got fed up with this and asserted his rights, the LL was not happy.
As far as I know the LL has someone moving in on a very short term let when my friend moves out.
It does seem like a good idea to talk to the LL but what can I say, I wouldn't just be asking for a few extra weeks - my friend has no-where to go.
My personal insurance does not cover legal fees.