Help with guarantor issue

Cookiedog24

I’ve just rented a property and had to give a guarantor who was a friend of my daughter and fitted the criteria and at the time more than happy to sign.  However they have since had quite a dramatic fall out and he has become quite nasty and there looks like no way back for this friendship. 

I fear he is going to try to cause an issue with my lettings agent so want to know where I’d stand in asking for him to be removed as guarantor if I can supply someone more suitable. I’d happily cover the costs of any admin but I worry this will put my landlord off having me here. I’ve only been in the property for just under a month and I’m so happy here with my son and I’m terrified of the consequences of all this. Please help. 

propertyrental

Why remove him?

If you never default on your rent or cause damage, then the landlord/agent will have no reason to contact him

If you do default, then the LL will use the guarantee agreement (assuming it's valid) to cover your costs.

Cookiedog24

I would rather not have to deal with this person. We have found out he is on his last warning at work , something I wasn’t aware pf when he signed o and  his behaviour over the last week has been concerning. I wouldn’t put it past him to say he was forced to sign it. Even tho I have messages to say he was happy to do so and he stood and read thru the contract before signing. 

He seems to be using it as a way to have some sort of control over my daughter which is worrying. 

theartfullodger

propertyrental said:

......

If you do default, then the LL will use the guarantee agreement (assuming it's valid) to cover your costs.

May use, not will use.

Many guarantees are unenforceable.  See Shelter's website.

Cookiedog24

He is now demanding copies of the agreement and I’m not sure whether he is entitled to have them. His behaviour is erratic and I’m concerned he will take the contact details from the paperwork and use them to cause issues for me. This is all turning into a nightmare 

Murphybear

theartfullodger said:

propertyrental said:

......

If you do default, then the LL will use the guarantee agreement (assuming it's valid) to cover your costs.

May use, not will use.

Many guarantees are unenforceable.  See Shelter's website.

When I was doing my ARLA training we were told that guarantees are not worth the paper they are written on 

elsien

I would suggest that he is  entitled to copies of any paperwork that he has signed, but he should be getting them from the letting agent not from you. 

doodling

Hi,

To vCookiedog24 said:

He is now demanding copies of the agreement and I’m not sure whether he is entitled to have them. His behaviour is erratic and I’m concerned he will take the contact details from the paperwork and use them to cause issues for me. This is all turning into a nightmare 

To be honest, you have most of the power here.

He has guaranteed your rent.  He is on the hook if you don't pay (or not if the guarantee is not valid for some reason but that is not your concern).  There is no need for you to have any further involvement with him if you don't want to - you don't need to send him any documents.

If he wants to be released from his commitment, he will.have to convince your landlord to do that (and no sane landlord would do so unless they have another guarantor in place).

Your tenancy is safe until the end of the fixed term.  A properly executed guarantee will remain in place until the tenancy ends (which could be years if you choose and your landlord is happy).

Your only risk is that the guarantor will upset the landlord to the point that the landlord thinks it is easier to end your tenancy at the end of the fixed term rather than put up with the antics of the guarantor.

If the guarantor is upsetting the landlord then it might be wise to find another guarantor; if the landlord is a more robust sort then they may not care.   Note that the landlord might also see you requesting a change of guarantor as hassle they would rather not have so the decision to do anything is not necessarily clear cut.

On the plus side, if the guarantor is ever called upon to pay up because you haven't paid the rent, you won't be losing a friend. 😀

Cookiedog24

doodling said:

Hi,

To vCookiedog24 said:

He is now demanding copies of the agreement and I’m not sure whether he is entitled to have them. His behaviour is erratic and I’m concerned he will take the contact details from the paperwork and use them to cause issues for me. This is all turning into a nightmare 

To be honest, you have most of the power here.

He has guaranteed your rent.  He is on the hook if you don't pay (or not if the guarantee is not valid for some reason but that is not your concern).  There is no need for you to have any further involvement with him if you don't want to - you don't need to send him any documents.

If he wants to be released from his commitment, he will.have to convince your landlord to do that (and no sane landlord would do so unless they have another guarantor in place).

Your tenancy is safe until the end of the fixed term.  A properly executed guarantee will remain in place until the tenancy ends (which could be years if you choose and your landlord is happy).

Your only risk is that the guarantor will upset the landlord to the point that the landlord thinks it is easier to end your tenancy at the end of the fixed term rather than put up with the antics of the guarantor.

If the guarantor is upsetting the landlord then it might be wise to find another guarantor; if the landlord is a more robust sort then they may not care.   Note that the landlord might also see you requesting a change of guarantor as hassle they would rather not have so the decision to do anything is not necessarily clear cut.

On the plus side, if the guarantor is ever called upon to pay up because you haven't paid the rent, you won't be losing a friend. 😀

Thanks for this. My initial tenancy is for 6 months but my landlord has said at this point she would also like to put my son on as he will be 18 then so I presume this will be a new agreement so at that point I also presume I could change guarantor? 

You’ve hit the nail on the head with regards to him causing trouble tho he seems unhinged all of a sudden it’s quite scary especially for my daughter. There’s just constant messages and phone calls. 

So I’m ok not to supply him with documents? I have messages saying he’s fine to remain as guarantor but I darent risk given him the company details I honestly don’t know what he’s capable of. 

doodling

Hi,

Cookiedog24 said:

[...]

So I’m ok not to supply him with documents? I have messages saying he’s fine to remain as guarantor but I darent risk given him the company details I honestly don’t know what he’s capable of. 

It would be polite to supply him with documents but you don't have to as he could have taken copies when he signed them.

Whether you feel it is appropriate to be polite and whether not being polite would make things worse is up to you.

Cookiedog24

doodling said:

Hi,

Cookiedog24 said:

[...]

So I’m ok not to supply him with documents? I have messages saying he’s fine to remain as guarantor but I darent risk given him the company details I honestly don’t know what he’s capable of. 

It would be polite to supply him with documents but you don't have to as he could have taken copies when he signed them.

Whether you feel it is appropriate to be polite and whether not being polite would make things worse is up to you.

I would prefer not to give him my landlords details if I’m honest. 

I think I may speak to the LL and ask if it’s possible to have someone else as guarantor even if I incur costs. I’ll explain to her my concerns about him being on his final warning and hopefully she will see him as a risk as I do and take someone more suitable.