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Tenancy HELP

Myself, partner and daughter were made homeless in March of this year. My partner was made redundant in February of last year, we fell behind with rent and bills. We have paid for refrencing for a property we have found. We were completely honest with them about our situation last year etc. First off they have made a mistake and put our guarantor down as a tenant rather than a Guarantor and because defaults have shown up on my bank account (partner is main applicant) they have said they want the rent paid from the guarantors bank (from the beginning). I have never heard of this before and we are baffled by it.. They never mentioned the rent coming from the Guarantors bank account if I failed the credit score, and if I'm right, isn't a guarantor for when tenants fail to pay the rent? And not the rent be paid from the guarantor from the very beginning. We desperately need any advice etc, because we are a family with a 3 year old little girl who have fallen on hard times because of redundancy. Thank you. !!!128522;

Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Who is supposed to be paying the rent? You or your partner? In a way it doesn't matter because if you are going to be paying the rent you could pay it to the guarantor instead so that they are not out of pocket? They may think that you and your partner will not pay the rent between you every month so are offering you a suggestion.
  • They only mentioned my bank account, not my partner's. My partner is the main applicant and we will be paying it from his bank account.. Before my partner was made redundant, we paid the rent on time or early for the 2 years previous and the previous property the rent was paid on time too with no problems. Our financial difficulty started after my partner was made redundant. I've scoured through online, and it says guarantors are contacted IF the tenants have failed to pay the rent. I've never heard of the rent coming from Guarantors bank account from the beginning. My partner has worked for 9+ years in construction, we've only relied on benefits last year and before that, we paid our own way and didn't rely on the benefit system. I'm just baffled because I've never heard of rent coming from the guarantors bank every month xx
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1) the question of where the rent comes from (whose bank account) is really not relevant.

    You sign a contract to say that £X per month will be paid. Provided £X per month is paid you will have complied with the contract. The money can come from you, your partner, the 'guarantor', me, your mum, or father christmas.

    I've not come across a contract that specified the source of the rent, nor do I believe it would be enforceable, provided the rent is paid.


    2) the rent is due from the named tenant(s). If there are two (or 3) joint tenants, then both (all) are equally liable. In this case, from what you say, there are 3 joint tenants: you, your partner and the 'guarantor' who has been added as a tenant, not a guarantor. By accident?

    If in error, just inform the landlord the tenants are to be you and your partner. If he wants a guarantor, fine, the LL can create and Execute a Deed of Guarantee naming the guarantor
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