Guarentor Problems.

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    Guarentor Problems.

    Hi, me and my husband have lived in our house (assured shorthold tenancy) for a year now, and have just signed our new tenancy agreement for another 6 months.

    When we moved in, we had been living in a flat where we had gotten into rent arrears, and so when we moved in here we weren't surprised that the landlord (Private not agent), wanted a guarentor. My husbands father is the only person we know who CAN be a guarentor (all my family rent or are retired so don't work, or have bad credit), but he refused, and instead decided to co-sign the tenancy agreement, this was fine for us, no problems for a year.

    Then today we have had a huge row, and although it hasn't been mentioned yet, I am quite sure he will be no longer wanting to help us out and be on the tenancy agreement, or at the very least, he will want to be taken off (or refuse to sign the tenancy) again next May.

    My question is, can my landlord ask me for a guarentor when we have lived here for a year, with no problems (she has been around a few times, for general inspections and when we have had problems with certain things, like the boiler breaking, so has seen the house is in good order and that we have made it our own.), all rent has been in on time without any issues, and our financial situation is much better now than it was when we moved in 12 months ago. I am 20 weeks pregnant and so I am very worried we'll be left homeless, I dont want a council house, as the council areas around here are not very nice at all!!!

    But what I am asking basically is can she evict us if my father in law phones her in the morning asking to be taken off the tenancy agreement, and we cannot find another guarentor??

    She is a relatively small company so I can understand why she wants a guarentor, as if we don't pay the rent, she will be left with a mortgage to pay and no rent from us, butthe fact we have lived here a year with no issues should surely show her we're good tenants and not about to mess her around, especially considering we have a baby on the way in a few months time.

    I have text my landlord (with it been weekend I didnt want to phone her), asking what will happen, but as of yet I have had nothing back from her, so I am a little worried.

    Any ideas where we stand with this??

    Also, who exactly can be a guarentor??? My parents are retired and live in a holiday home- they have quite bad credit (with a debt management company): could they be guarentors? Or would it have to be a home owner who works and has good financial history?

    #2
    The bottom line is that if you have an assured shorthold tenancy if you do not meet the landlord's conditions when the tenancy comes up for renewal she can serve a section 21 notice and eventually get possession. Obviously if you have just signed up for a further six months you are guaranteed at least that period so you do not have any immediate worry. Your father-in-law can "ask to come off the tenancy" but the landlord is under no obligation to release him. If your landlord is sensible she will take a view when the tenancy comes up for renewal.

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      #3
      Originally posted by stephbond89 View Post
      But what I am asking basically is can she evict us if my father in law phones her in the morning asking to be taken off the tenancy agreement, and we cannot find another guarentor??
      He can ask, but it's totally up to the landlord as to whether she agrees to release him - and there's no incentive to do so, so I think it's very unlikely she'd agree.

      Regardless of this, your tenancy is secure for the six months of the agreement you just signed unless you don't pay the rent.

      Also, who exactly can be a guarentor??? My parents are retired and live in a holiday home- they have quite bad credit (with a debt management company): could they be guarentors? Or would it have to be a home owner who works and has good financial history?
      A guarantor needs to be someone with assets such as a home owner, and/or someone in secure employment.

      Comment


        #4
        With your guarantor wanting to back out you need to assure your landlord that you are the right sort of tenants to remain. Presumably you have paid a months rent in advance, can you offer your landlord an additional months rent in advance, that for me would go a long way to replace the loss of the guarantor.

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