Getting out of being a guarantor

propertyrental

It's not the tenancy agreement you need to look at, but the guarantee agreement you signed.

But 99/100 the guarantee lasts as long as the tenancy lasts ie till either the tenant serves notice and ends it, or the LL applies for a court order to end it (S21 or S8).

One option would be todo just that. Stop paying the rent ad let the arrears build up. The LL is then likely to serve a S8 otice to ed the tenancy. Yes, he'll also claim the arrears, and the court will award him those costs, but provided you then pay what the court orders it won'y impact on your credit record.

And at least that way the indefinite guarantee will end.

But it' also time for a heart to heart with your daughter.....

Assume this is England?

theartfullodger

Nope.  The guarantee lasts depending in the guarantee agreement, the tenancy agreement and the relevant (england, NI, ...) law.

It is for example unlikely the guarantee would continue in England if the tenancy agreement was renewed with new dates and terms (eg rent increase you knew nothing about).  You need to read both documents.

Point out politely to daughter (i'd disinherit anyone who behaved like this ) that she owes the rent and it's her who landlord would go after primarily.

Guarantee may also be ( legally) "unenforceable " if badly worded or created incorrectly.

koalakoala

Do as Propertyrental says.

I can't believe a daughter would treat a mother like this.
So sad

Sea_Shell

Can you not persuade her to give notice and then move (back) in with you?

Is this a possibility at all?

Liverpool85

Sorry to hear this.
this is what I would do, but others may know better and you may need a solicitor

I would communicate to your daughter how long more you can pay, and point her in the direction of what after that (eg move home, get job, benefits, house share, council, where to get advice) 

then contact the landlord for the guarantee agreement if she does not have it. To check https://www.citizensadvice.org.uk/housing/renting-a-home/using-a-guarantor/

Let him know that you are only able to cover until x months and will need to tenancy to end and find out what his legal options are with that tenancy agreement and the law for serving notice.
if there is a way that doesn’t involve areers that would be better I’d have thought. 

It does seem unfair that the guarantee continues  after the fixed term period and has no stop clause to end the contract. Unless it does.. need to see the agreement 

wilfred30

Uriziel said:

elsien said:

Have you checked the tenancy agreement to see if it says anything about ending the guarantor status?

What is the reason that your daughter has stopped paying her rent?  

She finished her degree and is now just staying in the flat not doing anything and as she no longer gets any further studentfinance loans and also does not want to work she does not have the income to pay rent.

So where is she getting the money from to pay her bills and living expenses?

MeteredOut

Sea_Shell said:

Can you not persuade her to give notice and then move (back) in with you?

...and then kick her out

Titus_Wadd

When I was a guarantor for my late sister (who did work but had many issues) it was only for the first 6 months of the tenancy.  She did default the last month and so I covered the rent, but she gave me her jewellery  in lieu.  This meant that when she finally passed I was able to give the jewellery to her daughter.  My sister would have sold it otherwise and I made it clear to her that she would get no further handouts.  She stayed in her flat for a few more months without paying any rent before she did a flit.

So definitely the OP needs to read the terms of her guarantor agreement and the tenancy agreement. 

It's unusual for a student to stay in the same digs for the whole duration of their degree course.  Is it possible that the daughter has moved flats and the guarantee was not agreed for the most recent property?  Could it be that the daughter is pushing the OP to pay her rent simply through a sense of entitlement rather that under an actual guarantor status?

I hope OP can identify a legal reason not to cover the daughter's rent; she's old enough to get a job.  The daughter has to cut according to her cloth...or make more cloth.  It will be a more valuable life lesson that going to college for four years!

OP don't enable this behaviour.

theartfullodger

Info/advice from the experts..
https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters

& loads of detail..
https://forums.landlordzone.co.uk/forum/residential-letting-questions/73441-tenancy-guarantees

london21

Communicator with her that you cannot continue bailing her out.

Is she entitled to any UC

Can then get employment and start been responsible.