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Original poster

Niece not paying rent, we're guarantors, HB has been paid. Landlords are coming after us for rent tomorrow. WTF do we do now?

35 replies

Dotsie · 13/05/2010 14:27

Niece has had a bad time recently, and was wanting to move from where she was as had been attacked by ex-bf etc etc. We were asked by various family members to help out, so, stupidly, we did, finding her a new house to live in, paying the bond, 1st month's rent, agentfees etc, to the tune of £700, so far.
Then there was all the fuss over her dog, and it not being allowed there, when the agent had at first said it was, but we won't even go there...
So the rent etc is paid, the dog's allowed after all, she moves in, then...she decides she's too scared to live there on her own, so goes back to live with her mother.
The rent meanwhile has been paid from Housing Benefit into her bank account, but hasn't so far made it as far as the letting agent.
Letting agent are being funny about giving us a copy of the rental agreement, cos they say she's got a copy, and therefore we don't need one (slightly disagree there, but hey ho) Rent is now 2 weeks overdue, letter arriving from agent tomorrow demanding £340, which we simply don't have.
Ok, so we were stupid enough to get into this situation, but wtf do we do now? Don't think the agent/landlord will negotiate on putting the house back on the market again, trying to get another tenant.
We could report her for benefit fraud, but then they wouldn't pay the rent either, so although niece wouldn't get the money, nor would the landlord, so that wouldn't get us any further.
If it gets to court, it'll cost us even more money cos of court fees etc, never mind damage to our credit reference etc.
Has anyone got any bright ideas, or wise advice, or clue what we do next?
Thanks in advance.

OP posts:
OldLadyKnowsNothing · 13/05/2010 14:29

Any chance of getting the money from your neice?

GoldenGreen · 13/05/2010 14:37

You need to get the housing benefit stopped now (it won't be considered fraud if you do it NOW, just let them know she's not living there anymore) otherwise she'll eventually get caught claiming hb that she's not entitled to and have to pay that back.

If you are guarantors I guess that the agents can chase you for the rent - don't know anything about this - would suggest you get some legal advice?

ABitBatty · 13/05/2010 14:39

It can be arranged for the LA to pay the landlord directly. Your niece would have to arrange that though. Something along the lines of she is having trouble making the payments herself and is getting behind.

Is she planning on going back to the house? What sort of tenancy does she have?

Approach the LL yourself and negotiate the repayment of the arrears if your niece can start paying the normal amount of rent.

smallishsheep · 13/05/2010 14:39

I'm afraid if you are guarantors, then you have agreed to pay rent if she forefits, which she has
I would speak to the CAB but you have signed a legally binding document stating that you will pay the rent if she does not

Original poster
Dotsie · 13/05/2010 14:40

Oh I wish. Her phone's switched off, and she's now gone awol, so at the moment I don't even know where she is. If she's got access to her bank a/c then she's probably spent it by now. I was supposed to pick her up this morning to take her to get her bank a/c sorted out, but she wasn't there, having legged it out of the back door before I got there. It'd really help if she'd talk to me, but she just runs off or bursts into tears and tries the "poor little me" routine.

OP posts:
bibbitybobbityhat · 13/05/2010 14:42

Nightmarish situation for you . Your niece has a lot of growing up to do. But, yes, as guarantors of the rent, you have to pay the rent!

GypsyMoth · 13/05/2010 14:42

you'll prob be liable now til end of her lease. this happened to an old colleague of mine

ABitBatty · 13/05/2010 14:43

What has her mum had to say about it? Is she your sister?

Original poster
Dotsie · 13/05/2010 14:45

She has 6 month shorthold tenancy, starting from 31/3. 1st month rent paid (by us), 2nd month due 30/4, now in arrears. Would love to get her to pay rent direct to LL but that involves her making a phonecall, which unless I'm stood over her, I don't think she will.
It doesn't look like she's wanting to go back there.
Am trying to find some way of raising £1700 to cover the rent.
It's a nightmare.

OP posts:
GypsyMoth · 13/05/2010 14:48

why did you stand as guarantors....you dont seem too surprised by her behaviour

smallishsheep · 13/05/2010 14:49

Right
I used to work in lettigns. As guarantors you were essentially signingn the lease so you are entitled to a copy.
If it comes to it, I'm sure they will put the house back on the market, but you may still be liable for the whole tenancy as you signed a 6 month lease. If not, and only if they are being very kind, they may just charge you the admin costs of re letting. But that is a long shot.
I think this goes deeper than a problem with rent tbh. Can I ask a very bad question? Do you think she's involved in drugs? And if not, why does she have no sense of responsibility? No job?

Original poster
Dotsie · 13/05/2010 14:50

Her mum is my SIL, my DH is technically guarantor, but it's me that deals with all the paperwork.
oh and he's about to lose his job, and we're trying to start our own business, so money's tight anyway.
SIL knows her daughter is being a thieving little *** but is on benefits herself,so skint, and can't help financially and all she says is that she'll get her to ring me.
has put a huge rift between whole family.

OP posts:
Blu · 13/05/2010 14:52

Where is her mother in all this - if she has gone to stay at her mother's?

RealityLovesYou · 13/05/2010 14:53

This reply has been deleted

Message withdrawn

GoldenGreen · 13/05/2010 14:53

If she doesn't live in the property she has no entitlement to hb for it. I would strongly advise you get the hb stopped otherwise it will lead her into more trouble

FakePlasticTrees · 13/05/2010 15:02

phone her mum, saying her DD has 1 hour to call you and sort this or you're reporting her for benefit fraud. That might focus the mind somewhat. (and do it if she doesn', why should you be in the shit when you've already been over generous)

ByThePowerOfGreyskull · 13/05/2010 15:03

I would ask the letting agent to remarket the property immediately, give them notice that she has gone and does not intend to return and get that sorted asap.

they just want the rent as does the landlord and they don't care who pays it, the sooner it has a new tennant the sooner you won't be liable for any more rent.

can you offer to pay a proportion of the rent arrears to show goodwill whilst you sort it out?

and in the mean time I think your DH should get hold of your neice and let her know that her debt is now to you for whatever she still owes and even if she just gives you £10 a week you expect the money to be repaid.

What a difficult situation for you. I think alot of people stand stand as guarantors without the full realisation that you are then properly liable for the rent if the other person doesn't pay it. I think most people think it is like giving a reference.

LoveBeingAHungParliament · 13/05/2010 15:09

If she has moved back in with her um then her um will know when she is there and should call you, then frogmarch her to get the money and hand it over yourself.

The fact is that you have signed to say that you will pay if she can't so i'm not sure how you would be able to get out of it.

Original poster
Dotsie · 13/05/2010 15:10

Smallishsheep,
don't think she's involved in drugs, but know her mum has been (class A's). Where her mum is living is a really dodgy area. Niece has never held down a job for any length of time. She's 22, and seems to think the world owes her a living. and when she runs out of money, she goes to her grandad and borrows it. Not that he's got any to spare.

Agency are being v difficult about letting us have a copy of the lease, or re-letting the house, or even putting it back on the market.

Tiff,
you're right, am not surprised by her behaviour. But I guess I'm too trusting, and thought that as the rent would be paid by HB, everything would be ok. And, yes I realise how stupid I was to think that!
She'd been attacked by a bloke with a hammer, so I was trying to help her get back on her feet and start again.
She's just thrown it back in my face.

OP posts:
bibbitybobbityhat · 13/05/2010 15:13

I think this new thing of paying Housing Benefit into the claimant's bank account instead of directly to the Landlord (as used to happen) is going to cause untold problems tbh.

Original poster
Dotsie · 13/05/2010 15:22

Bibbity,
too right. If the rent had gone straight to the LL, this would never have happened.

OP posts:
LittleWhiteWolf · 13/05/2010 15:24

Oh dear Dotsie. You poor thing: trying to do a good thing which has just been walked all over.
I'm sure you already think this, but it sounds like the trust is over. No more favours, in spite of her circumstances. When people you try to help refuse to help themselves and you, you are more than entitled to stop.

Have you gone to the CAB? Just for advice. you will probably find you HAVE to pay the rent, sadly, but they seem like they're being unnessecarily difficult.

If she doesnt report that she no longer needs HB, personally I would report that. Not out of spite or to be cruel, but because at this stage it wouldnt be the hugest fine and TBH it sounds like she needs a massive wake up call. But then I have very little patience with people who take the piss and dont put in the effort (DH family in part sound a little similar to what you have described)

Alicetheinvisible · 13/05/2010 15:29

I think FakePlasticTrees idea is probably the most direct way of sorting it.

She is 22, an adult, about time she took responsibility for herself. It sounds like people have been too soft with her tbh.

Phone her mother if you can't get hold of niece and tell her she needs to contact you by.....and if she hasn't you will contact the benefit office and she can be done for benefit fraud.

Stay strong. She will thank you for it at some point in her life.

Original poster
Dotsie · 13/05/2010 15:49

Have spoken to CAB, and other than suggesting we get a copy of the rental agreement, there's not a lot of advice to offer. We've been taken for a ride, well and truly. Have spoken to K's mum, who hasn't seen her all day. Think there's probably no point in using threats to try & get her to get in touch, so will get in touch with HB tomorrow if there's still no sign of her.
Am worried what effect this will all have on us if we can't pay, and get taken to court. That'll b our credit rating trashed then...

I'll stay strong, but for us, not for her. Once this is sorted out, if I never see her again, it'll be too soon.

OP posts:
Jux · 13/05/2010 16:15

I would write to the letting agent immediately giving notice, and hten see what happens. It's hard to say whether that would have any effect without knowing the terms of the lease, but I'd do it anyway.