Guarantee on Sons Rent

Seawych

Hey! I am a guarantor on my sons flat which he shares with his girlfriend. Both are on the rent book. They were due to move overseas this month and notice was given with move out date being last week. Having sold all their worldly goods his partner has decided that she does not want to go and is planning on staying in the flat until she is evicted so the council will home her and their child. The landlord has made a claim against me as guarantor and says I will be liable for all eviction costs and any outstanding rent that is accrued until eviction and has said that he will not be returning their deposit. There is a rental agent involved who is not being particularly helpful. As notice was given, all rents paid on time and technically the rental agreement being ended can I still be held liable? Sons partner is being less than helpful and shows no interest in doing the right thing and moving out. I do not want to see the landlord out of pocket but I'm acutely aware that the eviction process can be a very protracted process and am concerned about having to find the money for all the costs.

Mr.Generous

What did your guarantor agreement say? I suspect you will be liable.

Keep_pedalling

Sounds rather like you might be on the hook for this one. What is your son doing about this? Is he still leaving the country? 

user1977

We don't know without seeing the guarantee (presumably you have a copy?), but unless it contains some unusually specific restriction, or they made a mess of the whole thing, I very much expect you're liable for everything the tenant would be. This is after all the sort of scenario a landlord might be envisaging where they want somebody creditworthy whom they can still find...

Bookworm105

read your guarantee.
It is unlikely it explicitly relates wholly and exclusively to your named son
for example parents of university students can find themselves exposed to paying the rent on behalf of utter strangers who did a runner from the property their kid was sharing with the runner

Albermarle

Are you assuming she will not be paying rent, or are you sure about that?

Ayr_Rage

How is she managing to stay in the property have sold all her worldly goods?

The agreement only ends when she moves out, I fear you will be liable until that day comes.

Bookworm105

Ayr_Rage said:

How is she managing to stay in the property have sold all her worldly goods?

The agreement only ends when she moves out, I fear you will be liable until that day comes.

she has decided not to follow her BF moving abroad and is staying put. Logically therefore she has not sold up.

the key issue is about who has OP guaranteed. Their named son only or "the tenancy".

theartfullodger

Many (many! ) guarantees are badly worded and legally unenforceable.  Read it carefully, then again, then look at Shelter's pages on guarantees.

Which country? Wales, NI ....?

propertyrental

Bookworm105 said:

Ayr_Rage said:

How is she managing to stay in the property have sold all her worldly goods?

The agreement only ends when she moves out, I fear you will be liable until that day comes.

the key issue is about who has OP guaranteed. Their named son only or "the tenancy".

If they are both 'on the rent book' I assume this is a 'joint and several tenancy in which case there is no 'his share/her share' - they are each equally liable for the full rent. And almost certainly, so are you (though this depends on the wording of the guarantee you signed which we cannot see). So the guarantee is unlikely to be just in son's name.

You should also be aware (as should she) that if, having given proper notice, one or both joint tenants fail to vacate the landlord can claim double rent.

Distress For Rent Act 1737 S18 & Landlord and Tenant Act 1730 S1(Double rent if tenant stays after giving notice) plus explanation here
shelter.org.uk/ explanation of mesne profits /double rent.

Ayr_Rage

Bookworm105 said:

Ayr_Rage said:

How is she managing to stay in the property have sold all her worldly goods?

The agreement only ends when she moves out, I fear you will be liable until that day comes.

she has decided not to follow her BF moving abroad and is staying put. Logically therefore she has not sold up.

the key issue is about who has OP guaranteed. Their named son only or "the tenancy".

The OP said "having sold all THEIR worldly goods"