Pestered for Debt as a Guarantor from Letting Agent

Davesnave

Err....I just pointed out a reason. I didn't expect a thesis!

You're right about it not being wise to act as guarantor for anyone other than the person you know very well; usually a son or daughter. Many contracts make that difficult, but people should insist on limited liability, or not sign.

Of course, signing if you don't have the money to cover a default, is daft.

Marktheshark

Brought something round to sign ?
It has to be a deed, signed by the guarantor, the legal holder and a witness to say both signed in the same room at the same time.

Now forgive me for suggesting this.. but as it saws a fetched round bit of paper and the person leaving the mess has legged it "are you sure thats your signature" ahem !

j9faulk

Viberduo wrote: »

As a matter of interest what are the alleged charges for? I know from personal experience my last 2 landlords claimed I did about 3 grand in damages despite renting me cheap and nasty accomodation i.e one had furniture over 15 years old then claimed I broke every item of furniture in the house and had to pay to replace it all, the other had thin plywood cupboard doors that snapped off shortly after moving in, they were homemade with just pieces of wood hammered into plywood and he said it cost about £300 to "repair", and again claiming I damaged various bits of furniture despite only using my own armchair since day 1.

Both wanted money for repainting walls despite all that was wrong with one flat was scrapes around wall where sofas were and in bedroom where bed was, the other flat had holes in the wall covered up by paintings and even crumbling walls.

The charges are repainting all the walls even though the photos showed minor marks, a window that was already cracked when she went in & is on the inventory, re carpeting the whole place downstairs & up despite the carpet being in a poor state when she went in, £67 for a standard cooker knob, replacement of light bulbs that we have photos of working on checkout, & a general clean through. The main charges that are disputed are the cost incurred by the enforced eviction which the council instigated with the letting agent & insisted that she had to go through or they would not assist with housing as she is young with 3 children under 6 the youngest is now only 9 months old. The cost were £110 for a bailiff who never came, £200+ for the court fees & £80 for a change of locks. She handed all keys back & had been given a place to go by the council so had no intention of going back in there but I understand it is common practice to change the locks. The council actually paid the sum for the keys as part of the money they released from the bond.

Somerset

j9faulk wrote: »

The main charges that are disputed are the cost incurred by the enforced eviction which the council instigated with the letting agent & insisted that she had to go through or they would not assist with housing as she is young with 3 children under 6 the youngest is now only 9 months old. The cost were £110 for a bailiff who never came, £200+ for the court fees & £80 for a change of locks.

The legal fees are correct. The landlord (if they employed a professional) did incur and pay these costs. perhaps get a copy invoice. The court fee is correct - this was paid for the S21 to go to court.The bailiff fee, IF paid is correctly recoverable. Just because the tenant left before the visit doesn't mean it wasn't instructed & paid for.


The council was gatekeeping. The landlord went through the legal system - and paid for it - to the point where the council re-housed. The tenant/guarantor is responsible for these additional costs.


Councils won't re-house till the tenant is practically on the pavement. The legal process to get to that point costs - and that cost is recoverable from the tenant who caused it. The council don't much care - that's their system.

j9faulk

QUOTE=Somerset;67508327]The legal fees are correct. The landlord (if they employed a professional) did incur and pay these costs. perhaps get a copy invoice. The court fee is correct - this was paid for the S21 to go to court.The bailiff fee, IF paid is correctly recoverable. Just because the tenant left before the visit doesn't mean it wasn't instructed & paid for.


The council was gatekeeping. The landlord went through the legal system - and paid for it - to the point where the council re-housed. The tenant/guarantor is responsible for these additional costs.


Councils won't re-house till the tenant is practically on the pavement. The legal process to get to that point costs - and that cost is recoverable from the tenant who caused it. The council don't much care - that's their system.[/QUOTE]

Thanks Somerset, sucks to think that the system allows for people who are vulnerable to have to incur costs that they obvìously can 't afford to pay. I obviously feel for the landlord to have to go down this root as he has a right to not renew a tenancy agreement if he wishes, I am just disgusted that this is the process that has to be followed & must be costing a fortune unnecessarily. My friends daughter was all packed up & arranged to have a van help remove her belongings when she was told she couldn't or she would get no assistance. How she can be held responsible for that and in turn us as guarantors is beyond me although it is just another sign of the world we live in now. Pick on the weak & vunerable & make them pay. ��

Somerset

j9faulk wrote: »

Thanks Somerset, sucks to think that the system allows for people who are vulnerable to have to incur costs that they obvìously can 't afford to pay. I obviously feel for the landlord to have to go down this root as he has a right to not renew a tenancy agreement if he wishes, I am just disgusted that this is the process that has to be followed & must be costing a fortune unnecessarily. My friends daughter was all packed up & arranged to have a van help remove her belongings when she was told she couldn't or she would get no assistance. How she can be held responsible for that and in turn us as guarantors is beyond me although it is just another sign of the world we live in now. Pick on the weak & vunerable & make them pay. ��

Officially councils aren't supposed to gatekeep but in practice they do, There just isn't enough accommodation to go round so they force tenants to go to the wire with the threat if they leave before the legal process is exhausted/bailiffs knocking on the door with drills, they are making themselves intentionally homeless.


It's wrong but it's reality. Often, the ex-tenant doesn't have a pot to !!!! in so the landlord/agency won't throw good money after bad pursuing those costs. Unfortunately for you, they've got a guarantor on the hook.


Do you think they will negotiate at all ? You have several arguments in your favour ;
- The 'damage' argument. You have photo's. Full redecorating and full re-carpeting implies it was trashed. If it was poor to begin with they are trying it on.
- The legitimacy of the 'deed' has already been questioned.


They might be open to a full and final ?? Court is always a risk. The downside is, if they won, you'd be liable for those costs too.


Best of luck.

j9faulk

Thanks Somerset appreciate the advice. I heard if it was small claims court cost would be minimal (about £30) so thought it would be worth the risk but don't really like the though of going that far which is probably what they are counting on.

Don't know which way to jump as others have advised ignoring them & see how far it goes whilst others say try & negotiate. Looking at all the info I have had from both parties with before & after photo etc I feel that the money already paid by the council is already more than fair but obviously this is just my view & I am not a legal expert just a person with a concionse & a sense of fairness. Will not rush to be a Guarantor again which is a shame as everyone deserves a chance to make a go of it, just circumstances are unpredictable. ��

j9faulk

Just a quick update. I sent a letter to the letting agent requesting copies of the letting agreement and completed guarantor documentation. They have come back to me stating they have the documents however the landlord has decided not to pursue it at this time. This matter is now closed! Thank you all so much for all your help and advice I cannot tell you how much it meant to me. ☺����

BitterAndTwisted

I have a feeling that they've stated the case is closed because they are fully aware, and always have been aware, that your guarantor agreement is not enforceable.

No Deed. No witnesses. No dice.

Nice one, j9faulk!

ed1su

BitterAndTwisted wrote: »

I have a feeling that they've stated the case is closed because they are fully aware, and always have been aware, that your guarantor agreement is not enforceable.

No Deed. No witnesses. No dice.

Nice one, j9faulk!

Wish Letting Agency that the case I know where Guarantor has a Hearing on Thursday.. contract signed by someone else with their say so. No deed, not witness as far as I know. Didn't send me any documents to guarantor one they will use in court. Oh well we will see what happens on Thursday...

Hope the judge gets the letting to pay for guarantor's expenses since G is the 2nd defendant....

Ed1su