Can LL Sue Guarantor For Any Costs Implementing Eviction Under Section 8?

[Redhead777]

Am guarantor persistently threatened by LL and his letting agent with LL's legal costs for implementing Section 8. No damage to property and no rent or bill arrears from tenant. Am quite worried and frightened. Where do I stand with regards to being sued, please.

[KTC]

What did you actually guarantee?

[ash72]

Why didn't the T's leave before it was escalated? If you are the guarantor for the T's you should have been aware of what the risks were of signing the agreement if the T's incurred costs which are legally their responsibilities.

[jpkeates]

There's no generic answer, it will depend on the specific agreement that you made.

[JK0]

If they are issuing s8, then I suspect there are at least 2 months rent arrears. Are you sure the person you are guaranteeing told you the truth?

[theartfullodger]

Sounds like harassment, a criminal offence,, if there are Persistent threats. Keep evidence

[doobrey]

no rent or bill arrears from tenant.

If that is the case then LL would have no business issuing a Section 8 (or holding you liable for the cost of doing so). However, it seems unlikely that they would issue a Section 8 if there were no rent arrears - unless perhaps there has been a misunderstanding.

[Lawcruncher]

As suggested by others, we need some clarification of what the position is. It would also be helpful to see the guarantee. Can you scan it, black out the personal details and post it?

[Hudson01]

As said above there is something not right with all this....... i would ask the person you put your financial assets on the line for what is going on..... really going on.

[Redhead777]

So appreciative of your comments. LL owns flat in building with leaseholders who have different, large letting agency managing property for leaseholders. Other Ts have complained about person for whom I am guarantor. Other Ts agency threatening guarantee's LL with legal proceedings should LL does not evict my guarantee. In turn, LL threatens to pass all legal costs on to me. Complex, I know. There are definitely no rent arrears, damage to property or unpaid bills on part of guarantee T. LL claiming my guarantee has breached tenancy contract because of anti social behaviour and appears determined to use Section 8.

[Redhead777]

Dear ash72, T could not leave as would be homeless. Local Authority cannot help those classed as 'voluntarily homeless' so T advised to keep tenancy until formally evicted. Have contacted LA who told me the same. Thank you.

[jpkeates]

SComplex, I know.

It isn't complex.
We just need to know what you have guaranteed before we can offer any useful observations.

There is no generic "guarantor liability", everything is contained in the specific agreement you have entered into.

[Redhead777]

'The Guarantor shall pay and make good to the Landlord on demand all reasonable losses and expenses of the Landlord incurred as a result of default by the tenant in the performance or observance of the Tenant's covenants under the Tenancy Agreement'. LL states T has 'breached terms of tenancy agreement' by anti social behaviour.

[jpkeates]

That goes way beyond any normal guarantor agreement terms, you're essentially guaranteeing the tenant's compliance with the terms of the tenancy agreement.

Is the agreement a deed (rather than a contract) and had you seen the tenancy agreement when you signed it?

[Redhead777]

Thank you, jpKeates. With no experience in the field, I did not assume that the statement went beyond 'normal guarantor agreement terms'. It is a contract, rather than a deed. 'Guarantor Agreement for residential lettings'. I saw the contract when signing it. It would seem that I, as G, am responsible to LL for another adult's behaviour. If that is the case, why would anyone choose to become a guarantor?