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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To let landlord start to evict my "friend"

65 replies

listsandbudgets · 15/05/2015 12:58

I agreed to be my "friend's" rent guarantor 2 years ago. I knew it was a risk but stupidly trusted him. He was getting full housing benefit so I didn't think he'd have a problem covering payments.

Then 3 months ago got a letter from landlord asking for over £1500 from me (3 months rent). Nasty shock but I took the risk so got to deal with it. Landlord has been trying to sort it out with him for 6 months before contacting me but heard nothing. Landlord has been very good and negotiated a deal with me which basically means I'll pay the money over a period of time. He's also agreed that any further arrears incurred by my friend will mean he will start eviction proceedings rather than chasing me for it. As friend is single dad to 3 boys under 10 he says he's been much more patient than he normally is with non paying tenants.

So I'm paying my "friend's" arrears and he won't talk to me. He's not answering his landline or mobile (both have caller display), has blocked me on facebook and even ignored a registered letter. L

Landlord has suggested as he's not communicating with us at all that he will start eviction proceedings in the hope of making him talk. He says the first step is just a letter wanring him he's about to take legal action unless he's contacted within 7 days. AIBU to encourage him to do so in the hope it shocks "friend" into facing up to what's happening?

OP posts:
thecatneuterer · 15/05/2015 13:43

Hissy assuming you could sue (and I'm not at all sure about that - after all agreeing to a guarantor assumes taking on risk) there would be no point. Even if you get a judgement in your favour it's almost impossible to get the money, unless the person you are suing has property/assets.

CrapBag · 15/05/2015 13:54

YANBU.

He should be paying his rent. It's terrible that you are having to pay his arrears and he is ignoring all contact. This mess is his doing so tough shit if he gets evicted.

Hissy · 15/05/2015 14:08

Two months rent in arrears before action can start - that is what I meant.

Regardless of anything, this guy ought to be evicted.

I'd go round to the guy and ask what plans he had to pay me back! Never ever ever would I do this to a living soul, allow them to pick up my arrears! some people are just aresholes!

Whattonamemyselfnow · 15/05/2015 14:11

This is ridiculous. Look after yourself.

ClarasZoo · 15/05/2015 14:20

If you are a guarantor won't you have to pay the legal costs of the eviction too? You might want to check that before encouraging the landlord to get a court order...

Original poster
listsandbudgets · 15/05/2015 14:40

Claras right now I don't care. At least it will draw a line under it all :(

And for anyone ellse thinking of being a guarantor DO NOT do it

OP posts:
specialsubject · 15/05/2015 14:48

sad but wise advice.

rent going unpaid in the last quarter of the year indicates prioritising sparkly tat over roof over head, and letting hapless guarantor take the pain. Terrible attitude and terrible parenting. This tenant probably thinks a council house will magically materialise. It will be a b and b or hostel.

the legal costs of the eviction will be paid by the landlord, who hopefully has insurance against this. When the eviction is granted, the tenant will be up for those costs. Not sure if they also go on to the guarantor.

Moreisnnogedag · 15/05/2015 15:32

Can you stop being a guarantor? That is, can you and the LL sign an agreement that you are no longer responsible for the ogling costs?

Moreisnnogedag · 15/05/2015 15:33

Ongoing ogling

BigChocFrenzy · 15/05/2015 15:47

As an LL, I have accepted a guarantor for newly qualified graduates, or professionals from abroad, because the tenants are good risks, just without UK credit history.
Both my agents and my insurers refuse to accept anyone on HB, due to perceived higher risk / lower financial reserves.

I have LL insurance for legal costs, but the guarantor (on my contracts) was responsible for all arrears, legal costs, costs of deliberate damage etc. for as long as they continued, without limit IIRC. My insurers would pursue the guarantor for this, if necessary.
Check if your guarantor contract has a termination period. If so, give notice asap, to limit your exposure.

You need to protect yourself now and agree to eviction proceedings asap - your "friend" will happily let you pay his rent forever.

Your kindness has been abused: Standing as guarantor for rent, or for a loan, is a potentially massive responsibility and I'd suggest really only advisable for a close family member whom you know very well.

BigChocFrenzy · 15/05/2015 15:50

Your LL would be mad unlikely to agree to your quitting as guarantor unless you have a termination period in the contract, because this situation is exactly why an LL agrees to take a tenant with gaurantor.

Shockers · 15/05/2015 22:30

I am a landlord. Our tenant's HB is paid directly to me and she tops up the difference. She is a responsible tenant who has never failed to pay her part, so I don't imagine there is a special reason the HB is paid directly... I thought this was usual practice, unless the tenant was unreliable.

Mintyy · 15/05/2015 22:36

Of course yanbu op, but I am worried about your friend's sons. He is obviously in a right old state. Do you have any mutual friends? Do you know his family?

I worry about children who are being looked after by adults who cannot manage even the most basic of requirements such as paying their rent - it would set off alarm bells for me re. gambling/drinking/drugs ... frittering away money on non-essentials at the expense of the security of the family home Sad.

ReallyTired · 15/05/2015 22:39

Hopefully the tenancy is a rolling contract so it should be quite easy to get rid of the tenant with two months notice.

If its any consolation, the landlord has a legal duty has a legal obligation to minimise losses. I think its unreasonable for him to persue a guarantor for unlimited rent. It can be argued that the landlord duty to limit losses and should have given notice as soon as the tenant was two months late with rent. The landlord would have also taken a deposit which should cover some of the rent. I cannot see a judge expecting a guarentor to pay more than 2 months rent because the landlord is too soft to initate eviction proceedings.

I didn't think that a guarentor was liable for diliberate damage or legal costs. That is what insurance is for.

ReallyTired · 15/05/2015 22:41

Mintyy
Social serivices do get involved when a young family is evicted. Maybe the OP is hoping that council will rehouse him.

holidaysarenice · 15/05/2015 22:53

Make sure the landlord tells cousin benefit he's not paying. They will stop the benefit and may pay straight to the ll.

holidaysarenice · 15/05/2015 22:55

It's tenant choice as to whether to take the hb or have it paid the landlord. It's still optional in parts of the uk.

There was talk in England about a year ago that new claims, money would have to go to the tenant. I don't know if it came in or not.

ADishBestEatenCold · 15/05/2015 22:56

You say your friend is a single dad to three children. Do the three children live with him full time, or do they have another parent with residence?

FlabulousChix · 15/05/2015 23:27

Councils now pay housing benefits to Gemara it's a ridiculous situation and no doubt your friend with no morals has spent it. Can you not visit him

FlabulousChix · 15/05/2015 23:27

What Gemara? That's tenants

thecatneuterer · 16/05/2015 02:18

I cannot see a judge expecting a guarantor to pay more than 2 months rent because the landlord is too soft to iniitate eviction proceedings.

Reallytired As I explained in my post somewhere above, even when notice is given once the tenant is two months in advance, it still takes on average another four months to actually get them out. So the likely amount a guarantor would need to pay would be six months plus costs. (Although I'm not sure about the costs liability)

thecatneuterer · 16/05/2015 02:22

Hopefully the tenancy is a rolling contract so it should be quite easy to get rid of the tenant with two months notice.

That's a Section 21. It would be silly for the LL to go for that now, as it would need two months notice from now (in practice it's often nearly three months due to the way certain dates need to coincide). Whereas as they are already two months in arrears a Section 8 can be issued now with only two weeks notice. In either case it still takes at least another four months after the end of the notice period (more in some places where courts are especially busy) to get the tenant out.

Akire · 16/05/2015 03:04

It's not going to end well if he's getting housing benefit and not paying it he would have made himself intentional homeless. While council may have duty to provide some sort of B and B hostel they can back out of obligation to provide permanent accommodation.
Even if he has short term problems where he can't pay the rent surely he could be paying some of it. So he should at least offer to pay you some of it back. Sounds like a free loader if now not answering your calls.
What are the legal obligations for being a garrentor? If it takes 6m for eviction could he possible ask you for the full amount?

Topseyt · 16/05/2015 03:47

Eviction proceedings from the landlord are the only way forward on this, or unpaid rent will continue to accrue.

Hope it is over soon. I'm afraid this is the very reason why I will never stand as guarantor for friends and even some family members.

We have had to do it for our uni student daughter, otherwise she would have nowhere to live in term time, but it stops there and that is quite simply that.

thecatneuterer · 16/05/2015 04:10

Akire yes that's the point of taking guarantors. They are liable for the lost rent from the time the tenant stops paying until the LL gains possession. Although I imagine that there is a requirement that the LL takes steps to regain possession as soon as possible. I think they would also be liable for the court costs (which has recently gone up to around £250 I think) and for the baliff costs (around £125), but probably not legal costs as it isn't necessary to use a solicitor, and as I recall there isn't an option on the possession claim forms to ask for the court to grant legal costs, only court costs. My memory on this may be wrong though.