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Guarantor for sisters tenancy and shes not been paying rent!

11 replies

CHOCOLATEPEANUT · 21/04/2010 20:30

Come home tonight to a letter saying shes not paid rent and I have to pay £850 in 7 days

Rang her and she said its sorted but I have been here before and wonder where i stand

Could I withdraw or would I have to pay until she leaves

OP posts:
mmrsceptic · 21/04/2010 20:30

How long is the lease for? you need bigbadmummy

CHOCOLATEPEANUT · 21/04/2010 20:32

12 months

OP posts:
mmrsceptic · 21/04/2010 20:35

I think you're liable at least until the lease expires. If there's an original six months: and from then on, one month's notice, perhaps you can withdraw then with a month's notice? I don't think you're liable indefinitely. Maybe you should tell the landlord you will be withdrawing as soon as you can because if you refuse to pay you can be pursued for the debt.

CAB.

mmrsceptic · 21/04/2010 20:36

Are you sure? With no break clause? Have you seen the lease?

How much of twelve months is left?

mmrsceptic · 21/04/2010 20:37

for eg we usually have a 12-month let with a 6 month break clause. after 12-months a new agreement is signed. So (you really need bigbadmummy or CAB here) it's possible that if there's a break clause, you can give "notice" to the landlord so they can give notice to your sister.

CHOCOLATEPEANUT · 21/04/2010 20:42

I have told her to sort it as I cant pay. My dh is being made redundant and I cant get my head around why she would be so stupid.Shes been out and buying new clothes when her rent was not being paid agghhhh

Shes got two girls that I adore too

OP posts:
mmrsceptic · 21/04/2010 20:47

I would tell the landlord you don't want to be a guarantor. Or warn her that's what you'll do, in which case she could be evicted.

Is this a guarantee instead of deposit or is there also a deposit?

I would withdraw as quickly as possible.. not acceptable to do this to a family member. She can pay. She chose not to. Does not bode well.

MadamDeathstare · 21/04/2010 20:50

This reply has been deleted

Message withdrawn at poster's request.

CHOCOLATEPEANUT · 21/04/2010 21:08

Just emailed landlord now

I cant believe that despite what shes done shes been arsey with me right now..

I have had a right week of it with her

wish i was an only child!!!!!

thanks folks x

OP posts:
MadamDeathstare · 21/04/2010 21:16

This reply has been deleted

Message withdrawn at poster's request.

prh47bridge · 21/04/2010 22:25

I'm afraid it is probably too late to tell the landlord that you don't want to be a guarantor. If you signed a properly drawn up Deed of Agreement you have accepted liability for the full term of the lease if your sister doesn't pay and that is enforceable under contract law. You have also accepted liability for any damage to the property or anything else your sister incurs by failing to comply with the lease.

You have already contacted the landlord to see if your sister has sorted it. If she hasn't you could offer to pay in instalments. There is a good chance the landlord would accept this as the alternative is to take you to court and the courts would almost certainly allow you to pay in instalments.

However, in my view your first step should be to pressure your sister into paying. She should be ashamed of herself for putting you in this situation.

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