UC housing element rent in advance

Mozza001

Bit of an update.

So the land lord has accepted 6 months in advance, however I am being referenced checked, having to provide evidence of funds etc, it's not a simple case of me just chucking her the money, I am down as a guarantor and will be on the tenancy agreement as such.

Will she still be able to claim the housing element?

I am not on the agreement as a tenant, but as a guarantor so she us still liable for the rent, is that right????

HillStreetBlues

https://forums.moneysavingexpert.com/discussion/comment/81971016#Comment_81971016

Yes, she's liable for the rent, and will get H.E.

elsien

Although the sake of clarity she is still liable for the rent but if she goes into arrears, they will come after you. That is what you are signing to agree to. So you need to check if there is an end date for the guarantor or whether it’ll be ongoing for the length of the tenancy.

HampshireH

OP just make sure your loaning money you can afford to lose

Always makes me nervous to heard such large amounts be loaned and so many stories of non payment back (regardless of whether they have the money)

Mozza001

So all proceeding, the contract is through, this is my ( guarantoor) bit.

Anything below that might prove an issue re the housing element of universal credit?

"Joint and Several" means that the Guarantor will be liable with the Tenant to pay all Rent and any debt arising from
any breach of the tenancy un l all debt is paid in full.
15.1. In consideran on of the Landlord agreeing at the request of the Guarantor to accept the Tenant as the Tenant of
the Premises the Guarantor hereby covenants with the Landlord that the Tenant will pay the Rent and comply with all
the Tenant’s obliga ons in this Agreement (including any varia ons to increase the Rent whether by agreement
between the Landlord and the Tenant or pursuant to a no ce given by the Landlord under sec on 13 of the Housing
Act 1988). If the Tenant fails to pay the Rent or to observe or perform any of the Tenant Covenants, the Guarantor shall
pay or observe and perform them and will be liable for the reasonable losses incurred in respect to the breach or
breaches.
15.2. As between the Landlord and the Guarantor the Guarantor is a principal debtor and not merely a surety.
15.3. This Guarantee is irrevocable and shall con nue beyond the Guarantor’s death (falling as a liability on the estate)
throughout the period that the Premises are occupied by the Tenant and is not limited to the Term of this agreement.
15.4. If the Tenant defaults during the Ini al Term or any extension, renewal or con nua on of this agreement or the
Tenant is declared bankrupt and the Tenant’s Trustee in Bankruptcy elects to disclaim the agreement then on wrien
demand the Guarantor hereby agrees to pay damages to the Landlord for all losses, claims, liabili es, costs and
expenses arising out of or in connec on with that default or disclaimer or incurred by the Landlord in connec on with
the default or disclaimer.
15.5. It is hereby agreed that the Guarantor’s liability under this Clause will be joint and several with the Tenant which
means that each will be responsible for complying with the Tenant’s obliga ons under this agreement both
individually and together. The Landlord may seek to enforce these obliga ons and claim damages against the Tenant,
the Guarantor, or both of them under these clauses. These obliga ons will not be cleared or affected by any act,
neglect, leniency, or giving of  me by the Landlord endeavouring to obtain payment or in the enforcement of the
Tenant’s covenants. If the Tenant surrenders any part of the Premises the Guarantor’s liability will con nue in respect
of the part not surrendered. Any liability accumulated at the date of surrender will con nue unaffected.
15.6. If requested by the Landlord, the guarantor agrees to provide wrien confirma on of an address in England or
Wales for service of no ces and other documents pursuant to this contract and the guarantor agrees that this will
remain their address for service unless a replacement address within England or Wales is provided to

HillStreetBlues

I can't see any issue.

The tenant is solely liable for the rent, but if tenant fails to pay then there is a breach of contract and both the tenant and yourself are liable for the cost of that breach.