Guarantor on property of recently deceased

mesg

Hi. Several years ago I agreed to be guarantor for my ex. Never a concern. However, he died last week. His son is dealing with the estate, he is acting like there is no rush. I know the house needs to be cleared and utilities stopped. Am I still liable for the rent if my ex's family don't get on with it? 

Slithery

Yes. Both you and the estate are jointy liable.

davidmcn

You would have the right to recover anything you pay from the estate - assuming it has sufficient funds.

theartfullodger

Guarantor for what, please?  Loans, mortgage, tenancy??

If tenancy be aware many guarantees are badly drafted and/or no executed correctly & you wouldn't be liable. See...

https://england.shelter.org.uk/legal/housing_options/paying_for_accommodation/guarantors

You say some years ago: Did you sign any further guarantees after initial one?  If not & there was a new tenancy or rent increased almost certainly you ain't liable.

Whatever else, don;t pay up unless it at least got to court.  He clearly doesn;t need your help anymore..

But yes, tenancy continues - and thus liability for rent - until ended by estate/executor. 

greatcrested

mesg said:

.Am I still liable for the rent if my ex's family don't get on with it? 

The Estate is liable for rent, so whether they 'get on with it' or not will affect howmuch they (the Executers) have to pay. You only become liable if

a) they fail to pay (or reach some agreement with the LL), and

b) as artful says, the guarantee agreement was properly drawn up and remains in force, for which we don't have enough information to comment.

eddddy

I guess a couple of other questions to consider...

• Is your ex's estate likely to have enough funds to cover the ongoing rent?
• Are you (or your children etc) beneficiaries in you ex's will?

If you end up having to pay the rent as executor, you can reclaim the rent from the estate - if there are sufficient funds. But if there are insufficent funds, you would end up bearing the cost, so obviously you'd want the tenancy ended as soon as possible.

If you, your children etc are beneficiaries, every month of unnecessary rent paid might reduce their inheritance - so perhaps that's also a reason for wanting to end the tenancy as soon as possible.


But I guess you should also bear in mind that your ex's son has just lost his father, and things like gathering the motivation to clear his dead father's personal possessions from his flat may be difficult.

TBH, strictly speaking, I'm not sure that travelling to clear a flat would be classed as essential travel for your ex's son.