Garantor rights

[Stevew]

Hi.
against our better judgement we agreed to be guarantors for our daughter and her boyfriend in their first rental flat. Because she was only 17 and he 18 the agents were only prepared to put his name on the tenancy agreement. Now, after a few weeks he has effectively thrown her out and she is back with us whilst he is living in the flat. To make matters worse, it transpires that not only did she pay for practically all the furniture she has also paid for six months rent in advance. Clearly we only agreed to be guarantors on behalf of our daughter, and our concern is after the six months, will we still be liable if he defaults.? Basically we would like to know if there is any way we can get out of this? Anyone's help or advice would be very much appreciated.

[Crazy council]

Re: Garantor rights

Hi

Firstly, formally notify the agents, recorded, of the above. and keep a copy
Notify the BF, Formaly, that you withdraw your garuntee as it was dependant on your daughter being there.
Send formal notice on your daghters behalf that she wishes to discontinue her pert of the tenacy, to the agent.

Its hard to see if there is a formal way out of it without seeing the contract, and most guarantor contracts are fairly well tied up.

But the above, will at least give you some formal protection if they ever make a claim. Also, if you feel like the agent did not fully explain the consequences of your guarantee, after your daughter left the property, now is the time to raise that.

I was an agent, and have seen the result of one a guarantor arguing this. The judge said, that although, legally they were and should be the financial guarantor... Because the person had formerly sent notice to all that they wished to withdraw, that both the agent and tenant had plenty of time to sort out the situation proir to any problems.... That why am saying act now...

i also have girls ( 3 ), 22,21 and 12, been there, ,

[Stevew]

Re: Garantor rights

Hi. Thanks. Good advice. Will do that straight away. Kids eh?

[Stevew]

Re: Garantor rights

Quick update. We followed your advice and the agents have now contacted her ex stating he must find alternative guarantors at the end of the six months or leave. So it's looking good. Thanks again for the advice. The question is now what's the best way to get back the rent money our daughter paid in advance. We're thinking maybe small claims court?

[Crazy council]

Re: Garantor rights

Hi.

I would start putting presure on the agents to collect rent off the bf. if he pays thevrent. Then she should get some back. Write to them. State that they should ensure rent is collected and up to date so the advance rent can be repayed to your daughter.

I would insist they visit the property regularly to check it condition. at least get them to do a condition check. So if there is any argument over damages. You have a position to defend from.

Do everything in writing. So you have proof. Fill out the letter with the details your daughter paid tge 6 months. When she left. Etc.

[Crazy council]

Re: Garantor rights

Just to add for clarity
You still need to do something to ensure your liabilitys stop, or to give you a point to argue from. Especialy in relation to repairs. I would advise you do the following asap

Write to the agent, insist they do a visit to the property to identify the condition and your sent a report. ( this gives you a posityion to fight from if he casues any damage from now on. )

Also, insist that they visit regularly to inform you at the first instance of any damage.

Further insist that they should be collecting the rent monthly from him, so the advance is due back to your daughter. And if they do not collect it monthly, you wish to be advised so you can take action if required. ASAP

Do you understand why am suggesting the above asap.... draw a line of responsibility with the agent. You are legally the guarantor, and there is no way round that... If the BF causes damage, you have to pay..... but. if you do the above letters, it give the judge ( if required ) a very good line to consider if the agent shoulders some responsibility for not dealing with it properly.

Dealing with the BF.... wait till he is out the prioperty, so he can not cause you any fuss, than make a claim against him ( you probebly wont get anything ). But if sucsessfull, it will go on his credit file, and stop him getting easy credit or a morgagee for 6 years.



.

[Stevew]

Re: Garantor rights

Hi.
Thanks for the sound advice.I will most certainly do this. Getting the agents invested in responsibility is an excellent idea. Especially with regard to getting the property regularly checked as, of course, our daughter also paid the surety deposit which we will need to recover.

cheers
stevew