Guarantor

Bhughes81

Hi, am after some info about guarantors. Sadly my guarantor passed away recently and me and my partner have got ourselves a little bit behind with the rent unfortunately. My landlord is threatening to 'go down the guarantor route' my partner is concerned as the guarantor was her grandpa and she doesn't want the landlord to attempt to contact her grandma about this as she is grieving the loss of her husband of nearly 70 years. Is he allowed to contact her? She was not named/mentioned in anyway on the agreement

marksoton

There is one obvious solution here. Catch up with the rent.

It should be your absolute priority debt at all times.

Bhughes81

Obviously we want to, we aren't in arrears by choice!

Pixie5740

I wonder if it would possible that your landlord could claim the arrears from your grandfather's estate assuming that the Deed of Guarantee was set up properly in the first place.

Have you explained that your grandfather has passed away to your landlord? Have you tried coming up with a repayment plan? Is it likely that you'll be able to catch up the arrears? If not could you serve notice to end the tenancy or negotiate a surrender of the tenancy with your landlord?

Rain_Shadow

How much is 'a little bit behind'? Pursuing the guarantor is a bit harsh for a small amount of arrears.


I was wondering whether the estate would be burdened with the guarantee too.

poppasmurf_bewdley

If your grandfather was guarantor for your rent, then that commitment will remain for his estate.

If there is any money left after paying for the funeral, then your landlord will be entitled to make a claim against his estate.

If there is no money, then your landlord can do nothing except maybe give you notice to leave the property. You will not be able to find an alternative guarantor if you are already in arrears.

You are now having to suffer the consequences of living in such a state that you not meeting your debts are affecting others in your family who you have drawn into your web, and you're realising it's not a pleasant situation to be in.

Guest101

Bhughes81 wrote: »

Hi, am after some info about guarantors. Sadly my guarantor passed away recently and me and my partner have got ourselves a little bit behind with the rent unfortunately. My landlord is threatening to 'go down the guarantor route' my partner is concerned as the guarantor was her grandpa and she doesn't want the landlord to attempt to contact her grandma about this as she is grieving the loss of her husband of nearly 70 years. Is he allowed to contact her? She was not named/mentioned in anyway on the agreement

Well he can still claim from the estate, if the process isn't finalised.


He's allowed to contact anyone in the world (unless prevented from doing so by a court order / police bail) - he could not sue her for payment though

G_M

The Estate becomes responsible for all grandpa's assets, liabilities and debts.

So the landlord could claim against the Estate.

If grandpa left a will, who is the Executer? That is who is responsible for the Estate.

If grandpa left no will, the Probate Office will appoint an Administrator.

https://www.gov.uk/wills-probate-inheritance/overview

pmlindyloo

Bhughes81 wrote: »

Obviously we want to, we aren't in arrears by choice!

I do understand what you are saying but rent is a priority debt as arrears can have consequences - the landlord can set in motion repossession of the property.

So it is absolutely vital that you get this sorted out.

What has got you into this position? If you want to share we can probably help you get this sorted.

If you don't want to share then go to CAB and they will help you with your finances/budgeting/debts.

FBaby

Wouldn't it be easier if you spoke yourself work your grandmother and explain your situation. Surely it is better that she gives you funds to pay your debts and she will be understanding if you have a good reason,then waiting for them to contact her and then make you homeless?

Cakeguts

In the future you must pay your rent before you buy anything else. Rent is more important than Christmas presents. It isn't the case that rent doesn't matter it does. What you have to do is set aside the money for your rent and not use any of it for something else. Eviction for rent arrears would make it extremely difficult for you to find anywhere to live if you lose this house. You need to get up to date with your rent as fast as possible.