Estate agent lied about guarantor

[Applecrumble100]

We just found out that our estate agent lied about a guarantor. There is one but it is a totally different person than who we were told it was. We don't know the person or saw a credit check on them. Do we have grounds for complaint?

This should have rang alarm bells at the time, which is what the person you accused of trolling you was saying. So what about the actual guarantor? What are you doing to find out what their credit is like?

@Fiddleyflop you've misread my posts every single time, not understood the quotes you've used, and personally insulted me twice for no reason. I won't engage with you further, it's pointless.

Thanks to the other posters who've replied so far!

@TeaKitten why would it have rung alarm bells?

• the EA is paid to be a property manager and paid to do these checks, and send us that specific info which they did
• but 3 years later we've just found out they lied at the time

So what alarm bells were we meant to have heard? There was nothing else that we as landlords could have done. The EA supposedly followed due process, as did we. They've kept hidden the fact they lied for 3 years.

Don't you get official paperwork at the time to confirm that x is guarantor? Signed by x?

Well they never gave you the credit report, or you never asked. You don’t even seem to no either way. Honestly you are really hard to talk to and help OP so I’m not sure you are going to get anything out of this thread. How can anyone give you proper advice when you won’t even answer questions on your current situation?

@burnoutbabe at the time we got everything the EA was meant to send us. It's a huge EA, it was due process followed at the time in terms of the steps taken. What we didn't know is that one of the EAs (maybe the one who wanted the sale?) misled us and actually gave us the name of a different person to the actual guarantor! We're doing everything we can to find out more, and escalate this, as we literally found out yesterday they'd done this.

Are you sure they lied? Could the guarantor not have just changed for some reason and they didn't notify you because the new person was just as sufficient as the previous? Or have you found that the current guarantor is infact unable to cover the costs?

Why do you pity the tenants? They haven’t had to deal with OP and extensively damaged the property. The OP hasn’t done anything wrong (other than not check properly for themselves), they are just bloody hard to talk to.

I'm not sure why people are being so horrible to you. I know that landlords are often hated on Mumsnet.

Are you saying for example that the estate agent said the tenant's mother will be the guarantor and has passed all of the checks, and now you find that it's a man who is the guarantor and you don't know anything about that person? Surely they would not have accepted a guarantor without the credit checks?

The estate agents must be liable if the guarantor is duff.

Pardon my asking but what are alarm balls?

Are they like tennis balls being shot out of a serving machine in very quick succession to wake you up in the morning?

A guarantor has to pay up, regardless of their credit status. Go after them, OP, that’s what it’s for.

Ignore the LL hate.

but doesn't the guarantor's name go on the tenancy agreement as well - whihc presumably you have signed?
OR did they sign in a false name?

Jeez this thread is weird!

OP ignore previous posters who haven't read what you are saying properly and now trying verbal gymnastics to justify rather silly responses

Of course you may be able to complain if the estate agent lied to you about who the guarantor was. Find out who the actual guarantor was and what checks were done and then take it from there.

I'm sorry your tenants have trashed your home

A) We followed due process as did the EA in terms of steps taken. There's nothing more we could have done. That's been acknowledged by us and by the EA and by a property lawyer. That's all fine. That wasn't my question.

My question is only about the problem that an EA lied at the time, which has only just been uncovered and we are now looking into the implications of this.

B) I'm looking for advice by people who might be lawyers or ombudsmen who have a direct knowledge of this scenario.

Indeed.

The final paperwork at the time should have had a name on and signed by that person.

I can't think why you would be aware of that only 3 years later and not seen the difference in name at the time.

Thanks @worriedatwork123 I appreciate it!

I do agree that some responses are weird. I'll just ignore them.

No not always, it can be part of the tenancy agreement or a separate document, but I think that’s what OP is saying was a lie? So the document was forged?

What I find strange is if there is extensive damage but they have been there 3 years- have their not been tenancy renewals or inspections at all in all that time?? Out of interest why was a guarantor needed in the first instance??

Can your property lawyer who’s already advising you help?

OK - so you let your property and asked for a guarantor.
The agent gave you details of a guarantor and you agreed the tenancy.
The agent said, for example, Guarantor is J Smith, plumber, earning £50k.

The tenants caused issues, (which they may have done regardless of who the guarantor was - we don't know)

NOW - you find out that the agent either made an error with the name or something happened with the guarantor at some point.
The guarantor is J Bloggs Teaching Asst, income £25k.

You have not yet had to ask the guarantor for the owed money so you don't know if Bloggs is going to pay.

But you want to go after the agent as you say they lied to get a contract and you wouldn't have agreed the tenancy if you'd known the guarantor was Bloggs not Smith - even though you knew nothing about either of them except they both passed the checks.

Is this correct?