death of guarantor

[therealsquireofwideacre]

Could anyone advise please? My brother is terminally ill and is also the guarantor on my autistic son's tenancy agreement which was a 6 month assured shorthold tenancy now in its 8th month. There is no one else who can act as guarantor and my son has kept the payments up and paid on time. What are the implications when my brother dies please? I would be grateful for advice.

[Collaborate]

Why would the LLfind out?

[therealsquireofwideacre]

I don't mind if she does, I wondered whether it puts the tenancy at risk or if a new guarantor has to be found etc.

[specialsubject]

sorry for this. It does put the tenancy at risk, I'm afraid - it will be conditional on a guarantor and a breach could mean eviction.

best bet is to speak to the landlord, it may be that if your son is now stable in his home and reliable on the rent, it could be possible to remove the guarantor clause.

[Collaborate]

But it does only become an issue if the LL finds out - and they won't unless you tell them.

[MrsPear]

As a back up plan if they do find out Google your home town and see you if there is a scheme in your area to help with guarantees. In my area the local council provides rent guarentees for certain groups.

[Viviennemary]

I immediately thought that it would only be an issue if your son defaults on the rent. I don't know if you have any obligation under law to inform them if your brother dies. I don't think I'd tell the landlord.

[therealsquireofwideacre]

Thank you, I appreciate this advice. collaborate I take your point but would rather do the right thing than worry about being found out. That's anxiety talking rather than any kind of moral smugness.