Guarantor problems HELP!!

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  • Guarantor problems HELP!!

    In 8/2003 we moved to the UK. In dec 2005 my husband signed as a guarantor on a rental agreement for our daughter. After that the relationship with our daughter went downhill and apparently her monthly payments also. Last week we got a letter that she was behind with her rent for the last 7 months! If we could pay because my husband signed as guarantor!! Can the Landlord really do this?? My husband never knew what he was signing for he never got an explanation or anything. We never been in this situation before so he just signed...stupid yes.... we know... But somehow it doesnt feel right. And the other problem is how far can the landlord go? Because we have got nothing.... we cant pay this bill we simply dont have the money and no way we can get the money. Please help anybody????

  • #2
    Originally posted by anipeet View Post
    In 8/2003 we moved to the UK. In dec 2005 my husband signed as a guarantor on a rental agreement for our daughter. After that the relationship with our daughter went downhill and apparently her monthly payments also. Last week we got a letter that she was behind with her rent for the last 7 months! If we could pay because my husband signed as guarantor!! Can the Landlord really do this?? My husband never knew what he was signing for he never got an explanation or anything. We never been in this situation before so he just signed...stupid yes.... we know... But somehow it doesnt feel right. And the other problem is how far can the landlord go? Because we have got nothing.... we cant pay this bill we simply dont have the money and no way we can get the money. Please help anybody????
    When you signed the guarantor agreement,

    (a) were you given a copy of the tenancy agreement to read beforehand?
    (b) was it (the guarantor agreement) executed as a deed, with witnesses to the signature(s)?
    (c) did it/does it specify how long you are committing yourself for - it's usually for the whole of the tenancy including when it becomes periodic after the fixed term of the AST ends - but not always. Check.

    If any of these is not in place, then you may be able to claim it is invalid.

    However, if you read the TA beofre signing, if it was signed and executed as described above, and if it commits you to guaranteeing her rent throughout the tenancy, then you are most likely liable for your daughter's debts if she cannot or will not pay them herself. The LL would be within his rights to sue her - or you - for the money.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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    • #3
      I think it is a bit harsh to go the the guarantor and expect 7 months unpaid rent. Surely the agent/landlord is very slack in allowing it to go that far before contacting the guarantor. After 2 or 3 at a push the guarantor should be informed because normally they put pressure on the tenant to pay but now it is 7 months unpaid it is very unlikely the tenant or the guarantor will have the fund.

      It would not have taken 7 months to evict. My view is the agent/landlord has a lot of questions to answer.

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      • #4
        Originally posted by johnboy View Post
        I think it is a bit harsh to go the the guarantor and expect 7 months unpaid rent. Surely the agent/landlord is very slack in allowing it to go that far before contacting the guarantor. After 2 or 3 at a push the guarantor should be informed because normally they put pressure on the tenant to pay but now it is 7 months unpaid it is very unlikely the tenant or the guarantor will have the fund.

        It would not have taken 7 months to evict. My view is the agent/landlord has a lot of questions to answer.
        Why is that? Going through courts to get possession can easily take 5-6 months.
        Who else would the LL go to for the arrears? If the guarantor didn’t guarantee the tenant then there would be no tenancy and LL would not have suffered the loss.

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