Advice Needed: Guarantor

rrobinson859

Hi, I was hoping someone could give me some advice. In November 2015 I became a guarantor for my friend and he subsequently moved out in November 2016. This was fine until a month ago I received a phone call directly from the landlord stating that he was owed rent. I contacted my friend and he said he went to the estate agent who agreed that no rent was due.

I didn't hear anything since then until today when I received a letter from the landlords solicitor stating that I owe £1350.00 due in rent arrears. I contacted my friend today and he said that he has his solicitor dealing with it but my issue is that I'm not that close to my friend anymore and not entirely sure I can trust him.

I'm unsure what my next step should be and isn't helped that I have no paperwork.

Any advice would be appreciated, thank you.

FBaby

Highly likely the landlord got it right and your friend got it wrong. Were you given the breakdown of rent owed, ie. which month, evidence that it was requested of you friend, communication etc...

I would ask for this, then pay it and sue your friend.

rrobinson859

He claims it doesn't need paid and no I only received a total sum and not a breakdown of the payment. My problem is I don't really trust either party so I'm not sure who to trust. I think i'll contact the solicitor and request the evidence and see what reply I get. If my friend is telling the truth and his solicitor does send the evidence to the landlords solicitor do they have to tell me or would they still try and get the money? Also never considered suing him, didn't think you would be able too as I knew the responsibility as guarantor.

theartfullodger

See this ...
https://england.shelter.org.uk/housing_advice/private_renting/how_to_rent_from_a_private_landlord_or_letting_agent

May be worth 'phoning Shelter, 0808 800 4444 - open weekends & Xmas day 9-5

csgohan4

another reason why money and friends/family don't mix


You live and learn

rrobinson859

Yeah I learnt my lesson with that.

theartfullodger

FBaby wrote: »

Highly likely the landlord got it right and your friend got it wrong. Were you given the breakdown of rent owed, ie. which month, evidence that it was requested of you friend, communication etc...

I would ask for this, then pay it and sue your friend.

Absolutely not!

Was what you signed a "Deed of guarantee"?? Were you given a copy beforehand & the tenancy & advised to get legal advice?? If not, probably not enforceable.

Either politely decline paying landlord or ignore him. Only if sued through the courts should you consider paying.

Many landlords get guarantee paperwork wrong. He may just have sent a letter & hoped some mug paid up.

rrobinson859

No I didn't get any copies of the paperwork and never seen it again after I signed it. If I request it from his solicitor does he have to provide copies of it?

theartfullodger

If that is the case then the guarantee should be unenforceable - as long as you defend any court case. If he sues, you don't defend or make submission he'll probably get judgement.

Nothing to stop you asking for copies of "all relevant paperwork" and seeing what comes back. I would write (calm, polite) to the landlord, copy solicitor, keep copy.

But 'phone Shelter 0808 800 4444 & see what they say.

Artful:

rrobinson859

theartfullodger wrote: »

If that is the case then the guarantee should be unenforceable - as long as you defend any court case.

Nothing to stop you asking for copies of "all relevant paperwork" and seeing what comes back. I would write (calm, polite) to the landlord, copy solicitor, keep copy.

But 'phone Shelter 0808 800 4444 & see what they say.

Yeah I think I'll try and see what happens. Notice Shelter is England, should have stated as well that I'm from NI so would be slight changes regarding the law.

theartfullodger

No idea about NI law other than I know it is different so don;t rely on my advice above.

Suggest you contact CaB Northern Ireland
https://www.citizensadvice.org.uk/nireland/