Advice for Guarantor

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    Advice for Guarantor

    I am guarantor for my son’s AST and all the rent has been paid in advance, there are no arrears and my son is leaving at the end of July. However there is potentially a dispute over council tax. The local authority is saying the landlord is liable as the property is HMO but the landlord is adamant the CT is the responsibility of my son and other tenants, he is also saying the house isn’t HMO despite different AST’S and all tenants paying separately.

    my question is am I liable under Guarantee Deed, which by the way is wrapped up in legal jargon and I can’t make heads or tails of it. I understand from a colleague that the deed should carry an advisory to the seriousness of the deed and should advise to seek legal advise. It doesn’t mention anything like that!

    I welcome your comments and advice - thank you

    #2
    is you son a full time student by any chance ?

    Comment


      #3
      If they're renting individual room and sharing kitchen etc., each with their own individual tenancy agreement, then it's a HMO for council tax purposes. That means the landlord is legally the liable party for council tax, and who the local authority will go after to pay. That is notwithstanding the fact that the tenancy agreement may say the tenant is required to pay the council tax.

      In such circumstances, it may be a breach of contract if the tenant didn't pay, but one have to wonder how enforceable such a clause is. The individual tenants have no contract with each other. What happens if some but not all of them pay a portion towards the bill? The council tax itself is indivisible.

      We don't know the wordings of your son tenancy agreement nor your guarantee, so general comments are the best one can provide here.
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

      Comment


        #4
        Originally posted by KTC View Post
        The council tax itself is indivisible.
        But the council may be levying CT on each unit.

        Comment


          #5
          In this context

          The local authority is saying the landlord is liable as the property is HMO
          That's unlikely.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Thank you, it may well be that I just wait and see what happens but in the meantime what concerns more is the landlord is trying to get the tenant to sign a joint tenancy agreement and back date it, and going to assorts of tactics for it to be signed.
            it is also a parent the deposit that has been taken from each tenant has not been put in a tenancy deposit scheme!

            Comment


              #7
              Apparent! Not a parent, of which I am 😂

              Comment


                #8
                Originally posted by MrsSmith1973 View Post
                in the meantime what concerns more is the landlord is trying to get the tenant to sign a joint tenancy agreement and back date it, and going to assorts of tactics for it to be signed.
                Tell your son
                1. not to sign it (you do not want to be guarantor for any other person; guarantor is for all the individuals).
                2. to advise the others not to sign it (they could be pursued for any tenancy debt of any of the other people on the joint tenancy)
                3. There are no positives for your son in signing (that I can see).
                Also, it might be fraud (but it might not).

                Comment


                  #9
                  Originally posted by MrsSmith1973 View Post
                  Thank you, it may well be that I just wait and see what happens but in the meantime what concerns more is the landlord is trying to get the tenant to sign a joint tenancy agreement and back date it, and going to assorts of tactics for it to be signed
                  That would make the tenant's liable for the council tax, so they simply shouldn't sign it.

                  it is also apparent the deposit that has been taken from each tenant has not been put in a tenancy deposit scheme!
                  Although that complicates things a bit, that's usually good news for the tenants.

                  When they've moved out, they should get the deposit back in full, and if they don't, they can send the landlord a link to something that outlines the trouble they've got themselves into.
                  That usually does the trick.

                  I think what you have here is someone who doesn't know what they're doing rather than a clever landlord.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    If they are doing this as a joint tenancy, deposits cannot be take from each tenant. There will be a combined deposit for both, and and any split between tenants is for the tenants, not the landlord.

                    Comment

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