I am guarantor and owe money!

Taniajo

When my son was a student, i was guarantor for his accommodation. I have just received a formal demand for overdue rent, owed from april 2017. This is the first communication I have had from the landlord. I wont go into the reasons why rent was unpaid, but i contacted landlord and said I would pay off the rent immediately. He has however added £300 in charges and said more bills will fillow as the property was vandalised. This was 2 years ago, and the first I have heard of it. Do i have any rights here? I dont believe there was vandalism, and if there was, why wait 2 years before mentioning it. And as guarantor am I liable for additional charges , when I was unaware that rent was unpaid? Many thanks

James_Green_1982

Was the guarantor agreement witnessed and signed as a deed?
I'd get some decent advice on that, because if not - you may be able to wriggle out of it.
But your son probably won't.

silvercar

I’d start with a conversation with your son. Was there a checkout report completed? Did he and his student mates vandalise the property?

Taniajo

No checkout, but no vandalism. Guarantor agreement was signed and witnessed. I have no issue paying any rent that is due. I just dont understand why £300 of charges have been added when the landlord has made no contact with me or my son before now. And i also dont understand how he can now say he will be sending me more bills 2 years later.

need_an_answer

£300 for charges...does it break down what those charges actually were?

Are they in respect of the rental payment or for the damage to the property?

I suspect that either your son or his previous housemates may well know what these charges relate to and have not passed that information to you if you don't already have an idea.

You don't want to go into why the rent was unpaid,thats fine,but there is obviously a clear reason,and you agree with it.Is it possible that the extra £300 or a portion of it is also connected,even if it is a much higher amount than you would have expected?
(although if the rent was knowingly withheld it could be related to the charges now being imposed...sorry without the whole facts everything becomes an assumption until ruled out)

Whilst your son caused no damage is he for example being charged a portion of any communal damage....and as he has not paid then the responsibility falls to you as the guarantor

Write formally back to the LL requesting full details of the charges before you will make payment.

Hopefully things will then become apparent

silvercar

I think the landlord is chancing it if there is no checkout report. Whose to say the damage occurred when your son was a tenant?

steampowered

It is up to the landlord to provide evidence and a full breakdown of the other charges. Especially given the time that has passed.

I would start by asking your son if he knows anything about the additional charges.

If he doesn't, then I would write back to the landlord explaining that you are happy to pay for the outstanding rent, but do not accept liability of the other charges. I would say that you will naturally only pay the rent once the landlord has confirmed in writing that you have no further liability.

sheramber

The landlord may have been trying to pursue other renters/guarantors before contacting you- hence the delay

Taniajo

The charges states that it is interest but i dont understand why I Have to pay a charge when he has never once contacted me or my son prior to this to say that rent was owing
I offered to pay the rent in full, but as well as the interest he is charging, he says that further bills for "vandalism, cleaning and a key" will follow. This is the first thing anyone has heard of this. The others in the house that he has contact with are going through similar with the landlord. I guess I need legal advice.
He has given me 2 weeks to pay rent and interest in full, then he will bill me for everything else, but he is giving me no proof.

[Deleted User]

I would ask for a full summary of all rent costs and further charges made. Was a deposit taken or returned?

It does sound very fishy.

Contact Shelter for their advice first though. Then write the letter as they will help you with any wording. Personally, I would also start the letter saying "After receiving advice I am asking for x, y and z".

Taniajo

Thankyou. For all advice. No deposit was taken. I have asked for an itemised bill. He replied that he has put aside £20000 to take my son to court and win and he will see me in court. And so the fun begins