Renting. My Mom has died, she's my guarantor. Will I lose my home?

PJR13

Please can anybody help me? I've been renting a 1 bedroom maisonette for nearly 7 years and have always paid on time and looked after my home. My Mom was my guarantor as I was on benefits - first JSA, then Carers Allowance as I cared for her for the last few years. She died last week and I'm heartbroken. But also worried sick. The tenancy agreement is due to be renewed in a few weeks and although I'm a good tenant, I'm worried my landlord or the letting agency won't let me renew without a guarantor. I don't have anyone else to become a guarantor.

lisyloo

Sorry to hear you've lost your mum.


If you've paid on time and looked after the place then you are a landlords dream. Why would they want anyone else?


Having said that we can't second guess what the lanlord will want to do and you financial circumstances have changed as you won't get carers allowance anymore.


You'll need to inform the carer allowance unit and your lanlord.
This is all very difficult in the early stages of grief when you have funneral arrangements to make.
Do you haev family or friends that can support you, even if it's making phone calls on your behalf?
Don't be afraid to ask for help. Genuine friends and family willl be happy to help and you'll be making them feel useful as well.

PassingOutInTheParade

The charity Shelter might be able to help you, or signpost you to someone that can.

You don't have to be homeless to ask them for help as they would rather prevent homelessness in the first place.

So sorry for your loss and the stress you are under at the moment.

Comms69

Whilst obviously I don't know your landlord, I would suggest that no you wont be evicted.


In theory a s.21 eviction would be possible once you are out of your fixed term, but that would take 6-8 months and landlords don't tend to evict paying tenants.

theartfullodger

When they renewed (which you don't need to do btw... you can just carry on periodic rolling..) in the past was Mum made to resign anything? If not, no need to tell landlord/agent, just renew if that's what you really want to do.


Sorry about your loss.

Sibz

Sorry for your loss. Like previous posters I don't imagine a landlord you've been paying routinely for 7 years will want that arrangement to end. If they are a very cautious/nervous LL then they may be reassured by shorter term letting, bearing in mind if they wanted you out that process can be fairly lengthy anyway - why would they upset the apple cart and potentially lose the custom of someone thats been a steady source of income for them for so long?

And as Artful says above - of they've extended year on year and never required another signature... it may not be relevant any longer

wesleyad

Sorry to hear that

Just checking, do you pay for a renewal fee every year? You know this isn't needed and if you don't renew you go onto a rolling tenancy. This may be a better option for both you and the landlord (but not the agent, hence better off talking directly to the LL about it)

martindow

I'm also sorry to hear of your loss.


Do you actually need to tell the LL? You've a reliable tenant paying rent for seven years now - why rock the boat?

robatwork

LLs LOVE tenants like you.

Agents can be box ticking automatons who also make more profit when a tenant is replaced.

If the agent insists on a signature or other info re a guarantor, approach the LL directly and tell them. They will almost certainly want to keep you.

Sorry for your loss.

parking_question_chap

Dont sign an extention, just go into the rolling agreement. Just email them to that effect.

G_M

As everyone else has said, and to sum up

* evicting a tenant and finding a new one costs a landlord money. As well as lost rent between tenants

* no sensible landlord would want to lose a tenant who has always paid their rent on time for 7 years.

* when your current fixed term ends, you don't have to sign a new one - you can just move to a periodc (rolling) tenancy. This is automatic. You need do nothing, and pay nothing (see link below)

* in the past, when starting each new fixed term, did you mother have to also sign a new guarantor agreement?
If yes, this is unusual.
If no, then what is the problem - no need to tell the LL/agent your mother has died. That is personal information.

* if he agent causes problems over the renewal (either refusing to let you move to a periodic tenancy, or insisting on a guarantor) speak to the landlord. He won't want to lose you (though the agent might as they can then charge fees to find a new tenant!)

* if you do not know the LL's address, write to the agent and request it (see Landlord & Tenant Act 1985 section 1)

See also
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?