Rent Guarantor for Ex Wife

Comms69

mr_megs wrote: »

Thanks for the replies so far. Landlord (their agent in reality) is saying that they won't hold more than 2 months rent as a deposit, they also won't accept 6 months rent up front as in reality after 6 months then the Landlord is at the same risk level as not having a guarantor, so they won't accept without a guarantor! - Is she not working? Why does she need a guarantor?

I understand there is no legal way for me to force her eviction, I suppose my question is how likely is it that the LL will start eviction proceedings as soon as say 2 months rent arrears happens? - Depends. If I know you're there to pick up the tab, I would never evict her. Would they start proceedings and then come after me separately or would they first let the arrears build up whilst taking me to court and not issue eviction proceedings? - There is no rule on this Would be interested to see how other LL's have dealt with arrears with a guarantor in place. - Some will try to evict immediately, others would do as I would

Just to add, it is a AST, I will be liable as a guarantor until she moves out, secures a new guarantor or either of us die.

Actually, I think if you die, you're estate would continue to be liable for a period.

Sea_Shell

Why would the LL look to evict, when they can just pursue the guarantor (you) for the rent instead?

AdrianC

Comms69 wrote: »

Nope. Literally you are on the hook for rent from now until she dies.

...or moves. Whichever comes first...


The landlord won't come after the guarantor while she's still in residence. It's pointless. The guarantor is there as a backstop once the total debt is known - ie, she's moved out (voluntarily or with a court granting possession), and any damages to the property are known.

Comms69

AdrianC wrote: »

...or moves. Whichever comes first...


The landlord won't come after the guarantor while she's still in residence. It's pointless. The guarantor is there as a backstop once the total debt is known - ie, she's moved out (voluntarily or with a court granting possession), and any damages to the property are known.

Sort of. There's nothing stopping the LL asking guarantor for payment every month.


Going to court may not be worthwhile, but certainly worth a threat

mr_megs

Comms69 wrote: »

Depends. If I know you're there to pick up the tab, I would never evict her.

Wouldn't it be much simpler to evict and get a new tennant then claim off the guarantor for losses incurred instead of the hassle of going to court every 6 months (or whatever period)?

Comms69

mr_megs wrote: »

Wouldn't it be much simpler to evict and get a new tennant then claim off the guarantor for losses incurred instead of the hassle of going to court every 6 months (or whatever period)?

Why every 6 months?


Let's put it this way. If she doesn't pay and the LL gets in touch is your reply going to be:


1. Yes i'll pay straight away
or
2. I'll see you in court!


The reason is simple. You'll get bored of dealing with this much more quickly than I will; then you'll just set up a monthly standing order to cover the rent.

AdrianC

Comms69 wrote: »

Sort of. There's nothing stopping the LL asking guarantor for payment every month.

No, there's nothing stopping him...


But why does he need the hassle? Get shot of the troublesome tenant, get the debt cleared, find a less troublesome tenant. Get on with life.

mr_megs

6 months was an arbitrary number. How would you see logically see the situation panning out? For example, one months missed rent, you approach me and I say take me to court, after 2 months you get to court and have to fight for the rent which you win. 2 months later you're in arrears again and have to take me to court again. Rinse and repeat. It is much easier as others have said, to evict and then come after guarantor.

Comms69

mr_megs wrote: »

6 months was an arbitrary number. How would you see logically see the situation panning out? For example, one months missed rent, you approach me and I say take me to court, after 2 months you get to court and have to fight for the rent which you win. 2 months later you're in arrears again and have to take me to court again. Rinse and repeat. It is much easier as others have said, to evict and then come after guarantor.

Or:


After two months I go to court, win and get costs awarded. You realise this has cost you a day off work, the amount claimed and costs.


Two months later, same thing. I'm not losing anything.


How long before you realise that paying the rent to me monthly is cheaper in the long term?

mr_megs

I can't see any sensible person taking that course of action, it is very easy to say behind a keyboard but in reality I don't think so. I'd also be making a point to the judge after say 2 times in court asking that either the Tennant to be evicted or I be released as guarantor, an interesting argument.