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Guarantored rent

Jet
Posts: 1,650 Forumite


I have a friend who has (had) a student daughter. She was doing her masters degree and sharing a flat with another girl.
Unfortunately my friend's daughter is now suffering from serious mental illness (paranoia, suicide attempts and delusions and is under the mental health team) and is living back home with Mum (my friend) and Dad.
They are not wealthy and my friend has given up work to care for her daughter. My friend has asked me to help her with working out benefits and what she might be entitled to whilst her daughter is with her. She is completely exhausted and not in a position to make phone calls as she is really struggling emotionally.
One thing she mentioned is that they are struggling to pay the daughters rent and bills on her flat. I asked her if she guarantored the rent and she has said she has and that the contract ends in August 2018.
I assume she is fully liable for the rent until the end of the contract unless she can find someone else to take on the room (unlikely).
Can she get her daughter taken off the household bills at least?
Unfortunately my friend's daughter is now suffering from serious mental illness (paranoia, suicide attempts and delusions and is under the mental health team) and is living back home with Mum (my friend) and Dad.
They are not wealthy and my friend has given up work to care for her daughter. My friend has asked me to help her with working out benefits and what she might be entitled to whilst her daughter is with her. She is completely exhausted and not in a position to make phone calls as she is really struggling emotionally.
One thing she mentioned is that they are struggling to pay the daughters rent and bills on her flat. I asked her if she guarantored the rent and she has said she has and that the contract ends in August 2018.
I assume she is fully liable for the rent until the end of the contract unless she can find someone else to take on the room (unlikely).
Can she get her daughter taken off the household bills at least?
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Comments
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yes, bills are usually a separate private agreement between housemates - check whos name is on the bills0
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Many guarantees that are signed are not enforceable (court won;t make her pay). She should find her copy of the guarantee, try & negotiate with landlord and if he demands money/takes her to court, contact Shelter 0808 800 4444. See here for some info...
http://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors0 -
Every contract I have had have stated that bills must be paid by tenants. If it's only a 2 bedroom house/flat the other tenant will not be halving their utility use, the water (unless metered) is done generally on flat size or council tax banding, heating won't be halved both bedrooms have to have some heat even if minimal (to avoid damp/mould) electricity would slightly less but not by much.
I understand that it isn't your friends fault but it is also not the other tenant and trying to not pay the bills isn't really fair on them, especially if they are a student too.0 -
theartfullodger wrote: »Many guarantees that are signed are not enforceable (court won;t make her pay).
Maybe... but it that a route that the OP's friend would want to follow?
The 2 tenants probably have 'joint and several liability', so that means the landlord would probably persue (perhaps through court) :
- The friend's daughter
- The housemate
- The housemate's guarantor (parent?)
If, for example, the housemate is a "best friend", that may not be what the OP wants to do.
(Even if the housemate isn't a "best friend", it's a bit morally dubious to dump that financial liability on the housemate.)0 -
Maybe... but it that a route that the OP's friend would want to follow?
The 2 tenants probably have 'joint and several liability', so that means the landlord would probably persue (perhaps through court) :
- The friend's daughter
- The housemate
- The housemate's guarantor (parent?)
If, for example, the housemate is a "best friend", that may not be what the OP wants to do.
(Even if the housemate isn't a "best friend", it's a bit morally dubious to dump that financial liability on the housemate.)0 -
The daughter may be entitled to housing benefit, assuming she is still on the council tax (although exempt) of the old property and has a tenancy agreement that could be classed as her main home? It might be worth checking this out as it will relieve some of the burden?0
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However exhausted your friend is, this is a matter to sort out asap or the stress can only be worse. The first thing to do is to contact the housemate to explain the situation and then approach the landlord together to ask whether they would agree to take your friends daughter off the lease if they can find someone the LL is happy with to sign the lease.
She will then need to work out with the housemate who will be liable for what in terms of potential exit and new tenancy fees. She will then also need to be clear what is happening with the deposit, ie. will it be return to your daughter by the LL or will it transfer to the new tenant in which case she needs to be sure that she gets that money back from them.
Either way, it's going to be a demanding process, but much better than ending up in court with either the LL or the housemate.0 -
I do understand that it's not fair to burden others with my friends problem, and that is not the landlord or other tenants problem. I am just looking at the options for her - she is really struggling to pay her own bills, let alone these as well.
With regards to the household bills, my thinking was that maybe she shouldn't be expected to pay half of everything, including metered services as she isn't there and perhaps could come to an agreement with the remaining tenant.
I will ask to see a copy of the guarantor details to see if they are enforceable.0 -
The daughter may be entitled to housing benefit, assuming she is still on the council tax (although exempt) of the old property and has a tenancy agreement that could be classed as her main home? It might be worth checking this out as it will relieve some of the burden?
https://www.gov.uk/housing-benefit/eligibilityWho isn’t eligible
Usually you won’t get Housing Benefit if:- etc etc etc
- you’re a full-time student - unless you’re disabled or have children
- etc etc etc
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The mental illness is possibly counted as a disability.0
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