Guaranto/landlordr queries

leewesley20371

How will I know if my landlord has done a credit check on my guarantor and what are the legal obligations if they haven't done this, also I have checked the DPS and can't find the property we are renting on there. what do I do next ?

Slithery

leewesley20371 wrote: »

How will I know if my landlord has done a credit check on my guarantor and what are the legal obligations if they haven't done this

You won't know, although it would be stupid of them to accept a guarantor without doing the checks. What do you mean by 'legal obligations'?

also I have checked the DPS and can't find the property we are renting on there. what do I do next ?

When did you give the LL/agency the deposit?
Have you checked all 3 deposit schemes?

G_M

1) you won' know - why do you need to?
2) no legal obligations on the LL to do a credit check
3) do nothing - for now. You cannot be served a valid S21 Notice (for eviction). You can claim the penalty later if you wish

see
* Deposits: payment, protection and return

theartfullodger

Landlord does not HAVE to credit check you or guarantor: He's be stupid not to though, and also check guarantor owns property. Neither you nor guarantor may ever know if you were checked:

Why do you want/need to know? Is guarantor going to lose his job/get stung with a law suit/woteva making him unsuitable?

saajan_12

leewesley20371 wrote: »

How will I know if my landlord has done a credit check on my guarantor- you won't.
Its nothing to do with you, its up to the guarantor to give permission / provide documents, the only thing that affects you is whether the LL agrees to a tenancy wiht you (potentially due to having a guarantee deed) and what are the legal obligations if they haven't done this, - none, they don't have to run credit checks also I have checked the DPS and can't find the property we are renting on there. - There's 3 schemes, have you checked all of them? If its really unprotected,
that may have an impact if/when you receive a section 21 notice (it'll be invalid) or when you claim back deposit. You can claim the penalty later. what do I do next ?

What to do? Carry on with your day..

leewesley20371

My mother is poorly and looking to give up her part time job which may or may not affect her mortgage payments. I just wanted to know if there is any particular road to go down to remove her and use someone who has more stable finances.

leewesley20371

I've also checked all 3 schemes and the property is not listed,what is the section 21 ?

Slithery

A section 21 is the notice you get from a landlord when they want to start the eviction process, if your deposit isn't protected then this isn't valid.

Also because the deposit is unprotected you can legally claim a penalty between 1-3x the deposit amount, keep quiet about this for now as it can be a useful bargaining chip when you are asked to leave/when the LL tries to make deposit deductions.

theartfullodger

Has tenancy been signed, have you moved in, has deposit been paid? If not I doubt any record of the place with any deposit scheme

Section 21 is notice served by landlord at start of eviction process.

G_M

leewesley20371 wrote: »

My mother is poorly and looking to give up her part time job which may or may not affect her mortgage payments. I just wanted to know if there is any particular road to go down to remove her and use someone who has more stable finances.

why not just make sure you pay you rent on time?

then it won't matter if mother is guarantor or not.

Mahsroh

Worth noting as has been well document on here. The Landlord has 30days from RECEIPT of the deposit, to protect it. Have you recently moved in and paid the deposit?