Help with guarantor issue

BonaDea

And if he's harassing you or your daughter, start keeping a logbook of incidents (dates, times, keep all emails, texts, voicemails, etc) and start reading up on the crimes of stalking and harassment.
https://www.cps.gov.uk/legal-guidance/stalking-or-harassment  

elsien

Cookiedog24 said:

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. 

As per my previous post, he can made an information request to the letting agency/landlord because he does have a right to a copy if he was not given one however that is for them to deal with under their data protection processes and not down to you. 

RHemmings

Cookiedog24 said:

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. 

I think this is the best strategy. Particularly if you have a suitable replacement guarantor already prepared. I would hope that your landlord would apprecate you being pro-active to anticipate and avert potential problems. Hope. 

Voyager2002

Cookiedog24 said:

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. 

In your situation, I would provide him with a copy of the agreement, but redact details of landlord and agent. He could then see exactly what he had signed and what legal obligations he had incurred, but would not be in a position to cause any more trouble.

_Penny_Dreadful

Let sleeping dogs lie. Regardless of his behaviour now being guarantor for his friend’s mum was an insanely generous thing for him to have done. As guarantor he should have already had sight of what he was guaranteeing otherwise the guarantee is worthless. As such I would not send him a copy of your tenancy agreement. In fact if his behaviour is disturbing I would block him from being able to call or message as should your daughter.  Don’t drag the landlord or the landlord’s agent into this mess. Once a new joint tenancy with your son is created then the ex-friend’s guarantee will cease to exist. 

elsien

I don’t think anyone suggested giving him a copy of the tenancy agreement have they? The discussion has been around the guarantor form that he signed. 

_Penny_Dreadful

elsien said:

I don’t think anyone suggested giving him a copy of the tenancy agreement have they? The discussion has been around the guarantor form that he signed. 

The OP just said, “agreements,” and the tenancy agreement is an agreement and one which the guarantor should have seen before he signed up as a guarantor. Sometimes the guarantee is at the back of the tenancy agreement. Whatever he’s requesting I would ignore and block him if he has become unhinged. 

RHemmings

Remember that the guarantor, if they know where the rented house is, can look up the title register and find the address of the landlord that way. And, potentially contact them. If the landlord isn't aware of any potential problem before this happens, then I could imagine them being more unsettled by that than if the OP had approached them first. 

Note: the guarantor approaching the landlord isn't something that will definitely happen. But, it could and IMHO should be considered a possibility. 

theartfullodger

RHemmings said:

Remember that the guarantor, if they know where the rented house is, can look up the title register and find the address of the landlord that way. And, potentially contact them. If the landlord isn't aware of any potential problem before this happens, then I could imagine them being more unsettled by that than if the OP had approached them first. 

Note: the guarantor approaching the landlord isn't something that will definitely happen. But, it could and IMHO should be considered a possibility. 

Exactly.  £3.  Takes 5 minutes.

Cookiedog24

My daughter has managed a civil conversation with him today and he has accepted as someone suggested a redacted version of the guarantor agreement. He has also agreed to stop harrassing me via message but only because she explained to him it was making me physically ill with anxiety. Hopefully now he has that he will step back. Once the tenancy comes up for renewal and the terms are changed to add on my son I can put my other option down as guarantor 
min the whole situation I kept reminding myself that I’d done nothing untoward as I have written proof that he was happy to stand it was more in case he started hassling my LL to the point they may think I’m a liability. 

I’ve not had to deal with anything like this before as I’m not long out of a 20 year marriage so trying to deal with this has been overwhelming on top of having to start my life again. 

Thank you for all your feedback it’s been much appreciated