guarantor rights?

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    guarantor rights?

    hi, sorry this is long winded, but trying to add as much information as possible! just after a little advice regarding being a guarantor.

    my husband agreed to be a guarantor for his mum in 2012 before we were together. she has lived in this house without a guarantor since 2004, but due to relationship breakdown the landlord said he wanted her to have a guarantor. my husband went to look over the guarantor agreement with his mother, and the landlord basically said to him in slightly different words that if he didn't sign his mum and little sister (6) would be evicted from the house. this scared my husband into signing without really reading the agreement properly. his mum signed as witness. he left the office without being given a copy of either the tenancy agreement or the guarantor agreement. around six months later my husband met me and we looked into moving in together so he went to speak to the landlord to say he didn't want to be the guarantor anymore, the landlord verbally agreed to this by saying he would take my husband off.

    now nearly 4 years later we have had the first and only bit of correspondence through the post from him which is a statement of account showing arrears we were not even aware of, of over £5000. obviously alarmed and confused we spoke to his mum who said she had been struggling and he was in the process of evicting her. we then went to the landlord to ask why we had received a copy to be told that my husband is still the guarantor, as it was an agreement for the term his mother was in the house not just the term of the tenancy agreement, and that he will be liable for the rent arrears if his mum doesn't pay asap, plus he will commence legal action. we asked why we had received no information about the rent arrears as they had obviously been building up over a long time, and he said he had sent statements over the last 4 years to our previous address. we lived at that address for the first 2 years where he was apparently sending information to, yet we never received anything, and our new address for the last two years, literally down the road from his office and he has seen us on a daily basis pretty much, but never approached us or said anything.

    whilst we were in the office we asked him to provide us within a week with a copy of the guarantor agreement, a copy of all tenancy agreements since my husband has been guarantor and all the statements he apparently sent. he signed a piece of paper saying he would provide this but has since been to see my husband at work, and given him a copy of the guarantor agreement, but wouldn't hand it over until my husband signed abit of paper saying he had received it, but again, he never gave my husband a copy of the paper he was signing. he then said on his way out that he didn't have to provide any of the other information as he had provided the agreement.

    looking through the agreement, some points in it are pretty ridiculous, for example, stating that even in the event of my husband becoming bankrupt, or even dying, that the agreement will still stand and he will still be liable for any costs incurred.
    my husbands aunt has agreed to be a new guarantor as my mother in law has set up a payment plan to pay off the arrears of the rent, but the landlord says that the aunt is going to be the guarantor for the debt and my husband is still liable as guarantor of the house? this has confused us somewhat as we didn't know whether that was something that was legal to do?

    the things I would like to know are:-
    1. does the agreement still stand based on the fact that he never gave my husband a copy of the agreement? (and if not how would I go about proving it?)
    2. is he breaking the law by refusing to provide us with all correspondence relating to the property since my husband has been guarantor?
    3. is the guarantor agreement allowed to be signed using the tenant as a witness?
    4. should the landlord have sent a copy of the tenancy agreement to my husband every time it has been renewed, as the landlord states that he has only sent statements of the account, and nothing more?
    5. if my husbands aunt has agreed to become the new guarantor and assist in paying off the debt, is my husband still accountable as being the guarantor for the house?

    thank you so much if you have actually read this far and again if you actually have some advice for me!!!

    #2
    My only advice is let LL sue your husband and let Court decide whether his Guarantee is still valid, which G can defend in Court.
    IMO No one should take being a G lightly, or being pressured into signing without first being given opportunity to seek Ind legal advice

    Comment


      #3
      He was definitely pressured into signing. He asked to take it away and have a look as the landlord continually spoke over him as he was trying to read it, and the landlord said no it needs to be signed today or we will be evicting your mother. He implied it would be done in the next couple of days and my husband being naive didn't realise eviction is a long winded process and his mum wouldn't be kicked out immediately. He never did a credit check or anything on my husband to see if he was ok to be able to afford it, and at the time he was only working 15 hours a week. Thanks for the reply hun

      Comment


        #4
        Having a guarantor does not stop a landlord evicting tenant: For no reason at all if he wants to.

        Agree with mariner, don't pay up but wait & see if taken to court. Many landlords get guarantees wrong or non-enforceable.

        If hubbie has time to wait on the 'phone call Shelter, the experts in these matters, 0808 800 4444
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Can aunt pay off mum's debt? Presumably your husband would then have no further liability.
          To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

          Comment


            #6
            Lots to comment on, but I would like to see a copy of the guarantee. Can you let us have the text obviously leaving out names and addresses?

            Comment


              #7
              From the sounds of things, if the debt is being sorted out, there's nothing for the husband to have to pay in order to stand as guarantor.
              The agreement (based on what's been said about it - I'd love to see a redacted copy as well) sounds very shaky, and actually keeping it in place might not be a terrible thing.

              It will make the landlord more comfortable and that keeps mum in her home.
              It sounds very much as if it would be a nightmare to enforce if you decided not to honour it in future.
              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

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