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

[Dotsie]

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.

It's most likely to be a short term assured tenancy, so you've agreed to pay for at least six months rent. The EA should, however, co-operate in minimising losses by re-advertising and attempting to re-let the property ASAP. Good luck.

Put it in writing that you want a copy of the lease: you need to know if there is a mechanism to take over the lease and to sub-let or ask the agent to re-market it. That way, if it ever got the stage of going to (small claims) court (although I am sure you don't want this to happen), then the judge will look favourably on your efforts to mitigate the loss - and less favourably on the agents.

Also, put it in writing to your neice that in the absence of any contact with her to try to sort the probelm out (and to see if you could help), you are going to have to inform Housing Benefit and also seek to sub-let/re-let the flat. Tell her that this is now a debt that she owes you and that you expect her to repay over x amount of time.

Maybe seeing it in black and white will help her focus.

Update:
thanks all, for your wise words last week. It was much appreciated. I have been in touch with the LA, and have paid £200 towards what's owed. the locks will be changed on monday, and a skip organised for her stuff,should there be any left in the house. (no prizes who'll get the bill for that!) On the plus side, at least the LA will readvertise the property, so with any luck we won't get landed with all the rent. I live in hope.

I have written a letter to K today, but have yet to send it, and wondered if you lovely people would give me your opinion on it:

K,
I'm writing to you in a last vain hope to get in touch with you.
I have repeatedly tried ringing you over the last week, but your phone is off, as is your mums, and your grnadma & grandpa haven't heard anything from you.
To say I'm disappointed in you would be an understatement. I'm upset, angry, mystified and to be honest, furious. Youhave betrayed my trust and landed me in big financial trouble.
Because you haven't bothered to pay your rent at ......., we now have to pay it.
That's £340 per month, in case you can't remember, for the next 5 months, which we DONT HAVE.
So should the letting agents not be able to rent the property before September, and we're liable for the lot that will be:
5 x months rent @ £340
1 x deposit @ £440
1 x agency fee @ £ 90
1 x agency fee @ £ 45
1 x months rent @ £170

That's a total of £2445

Which YOU now owe US.

On top of that will be the locksmith's fees, as if I have not managed to return the key by monday, they will be changing the locks.

And the cost of hiring a skip to get rid of your stuff, along with the cost of clearing the house.

If you want to salvage anything from this mess, I suggest you make arrangements to get your stuff out and get the key back to (LA) by monday or you will be getting even more bills.

And believe me, K, I will be chasing you for the money. Through the courts if necessary.
And don't bother to ask us to help move your stuff as I've done enough for you. I'm not putting myself out again only to have you throw it back in my face again.

I have better things to do with my time than waste it chasing all over B.... looking for you. Last thursday, when I drove to your mum's to take you to the bank etc only to find you weren't there was the last straw.

I hoped you'd be there, M said he didn't think you would be. He was right, I was yet again shown to be a fool for having any faith in you.

Well don't bother coming to us for help again, because the answer is no.

I've tried to help you. You've thrown it back in my face.

Have a nice life, K. I hope you can live with what you've done to M, to me and to your 3 cousins.

Because paying your debts will affect us all.

Oh and by the way, collecting housing benefit and then not using it to pay the rent is fraud.

D

Strong enough do you think?

No idea if it'll have any effect with the girl, but it's worth a try. Has made me feel a little better anyway!

i'm so sorry this happened to you, dotsie! hope they get the place rented soon so you don't have to pay all that rent.

i think your letter is fine.

that sucks she so screwed you adn your family over.

sorry but having experience of this sort of thing your letter will not help and may make your financial situation worse.

Until she gives up the lease (or you do for her) she is entitled to benefit. While she gets it there is a faint chance she may pay some of it over and reduce the burden on you. If you can contact her tell her you have to give up the lease because you can't afford the rent and she needs to pay the money now.

Helping her move her stuff saves you the cost of a skip - so would save you money. Offer to do it or if the locks are changed get it and do it yourself. Dump it on her mother or sell it to help cover your costs.

Be sorry and disappointed, don't express anger to her now, save it for when you've reduced the likely cost to you.

At what point Tatt do you stop helping though? I would not be rendering any more assistance. I might go and remove her stuff and put in bin bags, but that would be it I'm afraid.

it's not to help the niece, it's to reduce the financial burden on the OP. If the OP doesn't remove the stuff they'll be charged for it to be removed - and almost certainly more than it would cost them to remove it. If they sell anything left in the flat, or refuse to hand it over until the housing benefit is paid over, it will also cost them less.

It's not a case of helping the niece, I agree that's out now, it's helping the OP.

I recently hired a skip to clear some junk - £150!

I'd be going round to her Mums and wait for her, no matter how long it took for her to get there. Take a sleeping bag, the lot.

then I'd frog march her down to the bank and get what I could out of her.

Her Mum needs a good talking to as well, as she at least could help you to locate her, not to mention giving her a good amount of long overdue discipline.

Any update?

What a sad situation