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Advice on being guarantor when on DMP

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  • gorskiii
    gorskiii Posts: 35 Forumite
    10 Posts First Anniversary Name Dropper
    eddddy said:
    gorskiii said:

    So would I be liable for the full amount or just part of it? 
    You're potentially liable for all of it.


    Potentially all of the current arrears plus whatever future arrears the Niece may accrue.
    Is the Niece now paying the rent?

    There are often comments when queries about the liabilities of the Guarantor are asked that people advise various reasons why the Guarantor Agreement may not be enforceable.  Hopefully one of those knowledgeable people will comment shortly if there are any escape routes for the OP.

    Of course, that won't help the OP's Niece.
    She’s started to pay as and when she can after I spoke to her after receiving the email. Not the full amount but £120 here, £50 there exactly
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    gorskiii said:
    eddddy said:
    gorskiii said:

    So would I be liable for the full amount or just part of it? 
    You're potentially liable for all of it.


    Potentially all of the current arrears plus whatever future arrears the Niece may accrue.
    Is the Niece now paying the rent?

    There are often comments when queries about the liabilities of the Guarantor are asked that people advise various reasons why the Guarantor Agreement may not be enforceable.  Hopefully one of those knowledgeable people will comment shortly if there are any escape routes for the OP.

    Of course, that won't help the OP's Niece.
    She’s started to pay as and when she can after I spoke to her after receiving the email. Not the full amount but £120 here, £50 there exactly

    I hope she (and you) keeping good records.
    But bottom line seems to be she cannot afford the property so should be looking at alternatives.
  • BungalowBel
    BungalowBel Posts: 374 Forumite
    100 Posts Second Anniversary Name Dropper
    I hope you manage to come up with a satisfactory conclusion to your dilemma.  I haven't anything new to add regarding a solution.

    Learn this though : Next time you are asked to be a guarantor for anyone, don't agree to it unless you can afford to pay if they don't.
  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 30 June 2024 at 3:37PM
    I have read here on several occasions that the guarantor agreement is not worth the paper it is written on

    I would not assume it can be enforced

    was it executed as a deed?
  • gorskiii
    gorskiii Posts: 35 Forumite
    10 Posts First Anniversary Name Dropper
    Olinda99 said:
    I have read here on several occasions that the guarantor agreement is not worth the paper it is written on

    I would not assume it can be enforced

    was it executed as a deed?
    What do you mean be executed as a deed?
  • gorskiii
    gorskiii Posts: 35 Forumite
    10 Posts First Anniversary Name Dropper
    gorskiii said:
    eddddy said:
    gorskiii said:

    So would I be liable for the full amount or just part of it? 
    You're potentially liable for all of it.


    Potentially all of the current arrears plus whatever future arrears the Niece may accrue.
    Is the Niece now paying the rent?

    There are often comments when queries about the liabilities of the Guarantor are asked that people advise various reasons why the Guarantor Agreement may not be enforceable.  Hopefully one of those knowledgeable people will comment shortly if there are any escape routes for the OP.

    Of course, that won't help the OP's Niece.
    She’s started to pay as and when she can after I spoke to her after receiving the email. Not the full amount but £120 here, £50 there exactly

    I hope she (and you) keeping good records.
    But bottom line seems to be she cannot afford the property so should be looking at alternatives.
    The tenancy agreement expires on 17/7 and I won’t be helping her with any new accommodation after what’s happened.
  • Yorkie1
    Yorkie1 Posts: 12,037 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gorskiii said:

    The tenancy agreement expires on 17/7 and I won’t be helping her with any new accommodation after what’s happened.
    Do you mean that the original fixed term expires on that date? If so, then the tenancy doesn't end - it just automatically goes onto a rolling basis.
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    Yorkie1 said:
    gorskiii said:

    The tenancy agreement expires on 17/7 and I won’t be helping her with any new accommodation after what’s happened.
    Do you mean that the original fixed term expires on that date? If so, then the tenancy doesn't end - it just automatically goes onto a rolling basis.

    and depending on how the guarantee agreement is worded your liability is likely to continue.
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