Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

Original poster

Guarantor on tenancy agreement

13 replies

OrthodonticUrticaria · 23/08/2013 20:11

Apologies that I have very little back story or further info on this atm, I am writing for Dsis who is out tonight on a birthday event. She has come to me, worried about DB who took on a tenancy for a hovel one bed flat last September. It was a 6 month agreement which has just been allowed to run on. No further agreement has been signed after the expiry (March this year) but DBro has continued to live there.

Dsis has just received a letter from the landlord saying Dbro has not paid his rent in 3 months. They are chasing her for the money.

Her question is: she signed as guarantor for the 6 month agreement (she thought). If he was to stay there for 1 year, 5 years, 10 years, would she still be guarantor?

In short: do they have a claim to chase her for the cash? And why did they wait so long to tell her he'd racked up debt?

She is hoping that they have tried and failed to get cash from DB so have (finally) contacted her as a last effort to get some cash, but not actually have a legal right to do so.

Slight back story: DB not working, claiming some sort of sickness benefit and housing benefit. AFAIK he has fucked up on the housing benefit claim and had to pay his own rent, hence this situation.

It's all a bit unknown as he won't tell anyone til he gets totally fucked up, and the number of times mum has bailed him out, she won't discuss him with me (or DSis) as she feels a bit of a dick. He constantly takes the piss out of her WRT getting cash out of her. And me, and DSis, and anyone else (many people, surprisingly enough) he can get to feel sorry for him and give him cash.

TIA

OP posts:

RenterNomad · 23/08/2013 20:43

Sorry you haven't had any response before this.

I got the following from the landlordzone site:

" Landlords should also bear in mind that any variation in the agreement, including the fixed-term coming to an end and tenancy renewal, if done without the guarantor?s consent, will discharge the guarantor?s liability."

www.landlordzone.co.uk/content/considering-a-guarantor

Don't the documents of the original guarantee contract specify the period?

You could also see whether www.shelter.org.uk has anything on guarantors...?

Doubtfuldaphne · 23/08/2013 20:44

Hi, in my experience, an assured short hold tenancy usually does run on over 6 months even though most are set at 6 months or a year. You don't have to sign anything to say you want to stay longer you just let the tenancy carry on.
So your sister is liable for the rent as the guarantor
Get her to phone shelter for advice. Is there no way housing benefit will pay and backdate it if someone talks to them?

Turniptwirl · 23/08/2013 20:52

I imagine as the tenancy has just run on, she would still be liable but she needs to speak to shelter ASAP who will know far more and be able to advise on her specific situation. Good luck to her!

mumofweeboys · 23/08/2013 20:53

Most of my tenancies were tied in for 6 months then they just rolled on after that. I had to give a months notice to leave and landlord had to give me two months notice

Original poster

OrthodonticUrticaria · 23/08/2013 21:11

Thank you all so much. I like the sound of that quote, RENTER

The tenancy agreement definitely says for 6 months Sept 2012 - March 2013.

As I said, I don't know too much about DB's circumstances, but I believe the reason he isn't getting HB is due to his own total lack of interest/lack of motivation/years of having his arse wiped by everyone he cries to. It will definitely be HIS fault his benefit is not being paid.

Therefore, I doubt he would get ANY back pay.

And even if he WAS entitled to claim back pay, if it meant he had to go down and talk to someone about it/make a phone call to sort it out/fill out any forms to sort it, it would, I'm afraid, be all too much trouble, and wouldn't get done, unless someone else went and did the lot for him

Thank you all for your help, I will contact shelter as soon as they are open.

OP posts:

jacks365 · 23/08/2013 21:16

It is possible that he has still been getting housing benefit but as this is now generally paid to the tenant not the landlord direct it is possible for the tenant to spend it elsewhere.

Sparrowlegs248 · 23/08/2013 21:24

His fixed term has expired and he now has a periodic tenancy for which your sister is the guarentor. He has exactly the same tenancy as before - the landlord still has to go through the legal process if he wants to evict him.

Your brother has either not provided info for housing benefit, or is recieving and pocketing it. Your sister needs to find out which! If the former he needs to reapply and request that the claim is backdated and give a bloody good reason why! If the latter complete a form requesting the benefit is paid directly to the landlord (which can be done once a tenant is in 8 weeks arrears)

I agree you should speak to shelter about your sisters responsabilities and how to get out of it.

Original poster

OrthodonticUrticaria · 23/08/2013 21:25

No, I don't think so. DM wipes his arse looks after his cash, has his bank card, pays his bills, buys him food, does his washing, bails him out, cooks him dinner, periodically forces him to have a bath and change his clothes. I doubt very much that he has been getting any money and not telling her.
He will have shown her a letter saying he isn't getting HB, as she wouldn't just accept his word.

I do know that she has paid out at least one month's rent for him already. She probably said she'd pay that month, but told him he'd better bloody well sort it out for himself from then on - and he hasn't.

DM doesn't know about the 3 months not been paid, or the letter to the guarantor.

OP posts:

Original poster

OrthodonticUrticaria · 23/08/2013 21:27

Sorry notta, xpost. Thanks for your advice. My reply was to Jacks

Somebody needs a bloody good shake, it seems.

OP posts:

Adikia · 23/08/2013 21:57

I have just come out of a tenancy with a guarantor which had been fixed term for 6 months then rolled on another 18months.

the landlord tried to screw us over for rent he claimed wasn't paid, the advice we got was the guarantor would be liable for it, had we not had receipts to prove the landlord was a lying tosser.

aturtlenamedmack · 23/08/2013 22:03

Dp works in housing advice and he says:
Unless the contract specifically stated that she would only guarantor for a 6 month set period then she is still liable.
After the initial 6 month contract is up, unless either party serves notice to quit, the contract then becomes a rolling contract with the same terms as the original including the guarantor.

SamHamwidge · 23/08/2013 22:14

If your mum does so much for him why doesn't he just live at home? Seems to me it would save a lot if hassle...although he does need to grow up and be independent but it doesn't seem like he is doing that now anyway.

Hope your sis gets it sorted, I would be highly miffed.

MistressDeeCee · 23/08/2013 22:48

This tenancy wont end until either the tenant notifies landlord that he wants to leave, or the landlord serves tenant with Notice to Quit..once that NTQ expires landlord can then pursue a Possession Order - this is what finally ends tenancy. Without NTQ and/or PO then the tenancy still exists.

Probably best he does live at home, as has been mentioned. Feel sorry for your sis OP but given what youve said about his character, Im surprised she stood as guarantor for him. The thing is, if you sign to say you'll pay if he defaults on rent - then, you have to pay. As per what you signed & agreed. Theres no comeback.

Good luck with it all tho, not nice for your sis at all

Flip