What are my rights as a Guarantor ?

[Deleted User]

TBagpuss said:

No. Presumably they were in contact with the tenant and trying to sort it with them. 
Laso, as a guarantoyou wouldn't have had any right to remove the tenants from the property so I don't see that you would have been ble to mitigagte your losses that way. 

No, you are correct I wouldn't have any rights to remove them but as they are a family member I would manage it no problem.

Ath_Wat

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

You have pretty much no rights as against the creditor - unfortunately the time to understand that was before you signed the guarantee...

But, do they have an obligation to notify me immediately as I am liable ?

No. They can notify you whenever they feel like asking you to repay the debts.

I'm not sure how you would have "removed" the tenant from the property anyway - which wouldn't necessarily bring the tenancy to an end.

The tenant is a family member, I would have got them out fairly easily and the tenancy was only 6 months and it would only require a months notice to get out of it.

When did the tenancy end?

[Deleted User]

Ath_Wat said:

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

You have pretty much no rights as against the creditor - unfortunately the time to understand that was before you signed the guarantee...

But, do they have an obligation to notify me immediately as I am liable ?

No. They can notify you whenever they feel like asking you to repay the debts.

I'm not sure how you would have "removed" the tenant from the property anyway - which wouldn't necessarily bring the tenancy to an end.

The tenant is a family member, I would have got them out fairly easily and the tenancy was only 6 months and it would only require a months notice to get out of it.

When did the tenancy end?

It hasn't ended and arrears are still increasing..............we are going this weekend to remove the tenant

Ath_Wat

elsien said:

Possibly by putting a bomb up the backside of the non-paying family member? 

Well if that was an option then,  they can still do that now in order to get their money back.

Ath_Wat

Deleted_User said:

Ath_Wat said:

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

You have pretty much no rights as against the creditor - unfortunately the time to understand that was before you signed the guarantee...

But, do they have an obligation to notify me immediately as I am liable ?

No. They can notify you whenever they feel like asking you to repay the debts.

I'm not sure how you would have "removed" the tenant from the property anyway - which wouldn't necessarily bring the tenancy to an end.

The tenant is a family member, I would have got them out fairly easily and the tenancy was only 6 months and it would only require a months notice to get out of it.

When did the tenancy end?

It hasn't ended and arrears are still increasing..............we are going this weekend to remove the tenant

No, when did the six month tenancy end?

[Deleted User]

Ath_Wat said:

Deleted_User said:

Ath_Wat said:

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

You have pretty much no rights as against the creditor - unfortunately the time to understand that was before you signed the guarantee...

But, do they have an obligation to notify me immediately as I am liable ?

No. They can notify you whenever they feel like asking you to repay the debts.

I'm not sure how you would have "removed" the tenant from the property anyway - which wouldn't necessarily bring the tenancy to an end.

The tenant is a family member, I would have got them out fairly easily and the tenancy was only 6 months and it would only require a months notice to get out of it.

When did the tenancy end?

It hasn't ended and arrears are still increasing..............we are going this weekend to remove the tenant

No, when did the six month tenancy end?

Earlier this year, not sure exactly but we are well clear of it.

Ath_Wat

Deleted_User said:

Ath_Wat said:

Deleted_User said:

Ath_Wat said:

Deleted_User said:

user1977 said:

Deleted_User said:

user1977 said:

You have pretty much no rights as against the creditor - unfortunately the time to understand that was before you signed the guarantee...

But, do they have an obligation to notify me immediately as I am liable ?

No. They can notify you whenever they feel like asking you to repay the debts.

I'm not sure how you would have "removed" the tenant from the property anyway - which wouldn't necessarily bring the tenancy to an end.

The tenant is a family member, I would have got them out fairly easily and the tenancy was only 6 months and it would only require a months notice to get out of it.

When did the tenancy end?

It hasn't ended and arrears are still increasing..............we are going this weekend to remove the tenant

No, when did the six month tenancy end?

Earlier this year, not sure exactly but we are well clear of it.

In that case I have some sympathy for your position, but I don't believe you have any legal right to avoid the payments.

If you have a degree of control over the family member, as you seem to imply, can you not just get the money back from them over the next year or so?  After all they have had seven months use of the flat.

If they don't have enough income for this I would have to question how you thought they were paying rent in the first place.

saajan_12

Deleted_User said:

canaldumidi said:

You have no rights, only obligations (assuming you signed a valid deed).

If i am immediately liable then they should have an obligation to notify me ?

No, you have exactly the rights and obligations stated, and there's no mention of notification in what you quoted. 

However the bigger question is what exactly did you sign? 
- was it a 'deed'?
- was it witnessed?
- were you given the tenancy agreement before signing the guarantee? 

Ath_Wat

saajan_12 said:

Deleted_User said:

canaldumidi said:

You have no rights, only obligations (assuming you signed a valid deed).

If i am immediately liable then they should have an obligation to notify me ?

No, you have exactly the rights and obligations stated, and there's no mention of notification in what you quoted. 

However the bigger question is what exactly did you sign? 
- was it a 'deed'?
- was it witnessed?
- were you given the tenancy agreement before signing the guarantee? 

Bearing in mind that if they manage to successfully argue they don't have to pay, the "family member" - who I am presuming is a child, as they appear to be absolutely confident they will get them to do as they say - will be taken to court for the money instead - the debt itself will not be voided. That may not be a better resolution for them as a family.

Ksw3

I think I'd more annoyed at the family member for not letting me know they were in arrears when I would be liable although I appreciate they may have felt ashamed at their circumstances or otherwise incapacitated.