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Original poster

Tenant's guarantor

13 replies

headinabook · 06/04/2011 14:21

My DH signed a guarantor agreement for his adult daughter. She has been defaulting on her rent - relationship now broken down with her father. No intention of paying her rent from now on. DH has paid landlord direct.

Does anyone know how DH can get out of the guarantor agreement? Landlord is unwilling to remove him, nor will he evict the tenant as he is saying he cannot afford to risk not getting another tenant.
We are now facing the nightmare of defaulting on our own mortgage because we are paying her rent. In 3 months I reckon our home will be repossessed because of this.

Has anyone any advice? Tenancy was a fixed term for a year then went to a month by month arrangement.

Thanks

OP posts:
Ragwort · 06/04/2011 14:25

You need to seek legal advice; is the rent still on a year's term or has it gone month to month - if so, I would assume that the guarantor can give a month's notice (as if the tenant) that he/she will not be the guarantor anymore - although I don't know this for sure. Then it is up to the landlord to have to evict the tenant (which is obviously a separate problem).

Try asking the CAB.

Original poster
headinabook · 06/04/2011 14:46

Thanks Ragwort.
We've tried that on the grounds you mention i.e. giving landlord a month's notice. But he says my DH cannot do this and is still bound by the agreement. DH asked landlord to evict his daughter, but he refuses - he comes back to the fact that his rental income is guaranteed so why should he worry about what the tenant is doing. At the moment it's no skin off his nose if she doesn't pay - cos Dad's legally responsible.

Sounds like we do need legal advice - surely there has to be a way before we're homeless and she is not. Feeling utterly sickened by this whole mess....

OP posts:
Collaborate · 06/04/2011 14:59

Best off not paying the rent, then he'll get fed up and evict her. That will at least chrystalise your debt. He should also set off her deposit against it too.

Original poster
headinabook · 06/04/2011 15:19

Collaborate - that's what I think too.
DH thinks it's too risky - we are the ones who will end up with Court Order being served - My view is that will cost landlord more money and hassle than evicting her - It's our only hope to be honest, but DH won't go there with it...... (perhaps I should point out to him that his willingness to "do the right thing" has got us into this mess in the first place...)

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Collaborate · 06/04/2011 15:52

Better that you pay court costs and say 3 months worth of rent arrears as opposed to paying the next 12 months. In the small claims court you only have to pay towards the court fees if you lose.

Check the precise wording of the guarantee as well.

Original poster
headinabook · 06/04/2011 16:52

Thanks Collaborate - this has given me food for thought.

I have to say it's the potential for this thing to run and run which scares me half to death. At least this would bring things to a halt.

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Ragwort · 07/04/2011 11:28

Have you been able to find out anymore about this situation - there is a 'Landlords Organisation' or something like that which must know what to do - or you could phone a local letting agency for advice. Sounds a horrendous situation.
Check the wording on the agreement again, very carefully.

Anice · 07/04/2011 11:33

Try asking on this forum www.housepricecrash.co.uk/forum/index.php?act=idx

It has an "All About Renting" forum and there are sevreal people on there who seem to know everything on the subject.

Its hard to believe that your DH can't give notice - but its not hard to believe that the landlord would not be minded to explain that to him. I think he asked the wrong person.

Anice · 07/04/2011 11:34

sorry link: www.housepricecrash.co.uk/forum/index.php?act=idx

sooz28 · 07/04/2011 11:35

This reply has been deleted

Message withdrawn at poster's request.

Anice · 07/04/2011 11:48

I've done a little bit of searching for you.
The key questions are: what kind of tenancy agreement is the daughter on? Is it a fixed term contract - that is due to end at soem defined point?
Or has that contract now expired and now she is on a rolling one month contract (called an Assured Shorthold Tenancy)?
What exactly did your husband sign up to? Presumably only the first contract?

Original poster
headinabook · 07/04/2011 19:51

sooz28 and Anice - thanks so much for your advice and the links. It makes really useful reading and has given us ideas for a plan.

Will update the post when we take the next step! Possibly light at the end of the legal tunnel, given that it looks like we don't have an official "deed of guarantee". Either way, we will refuse next payment and go from there.

mumsnet's a lifesaver - just when you think there's no-one to turn to....

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