worried

[shirley tobin]

I am a guarantor for my daughter today I had a letter from a solicitor say that she has not paid her rent for 4 months it included a copy of the agreement I signed
the name of the landlord is not the same as the paper work that I signed
and I have not been informed earlier that the rent was late I now need to pay over £2000 instead of £530 which is the monthly cost they should have been in touch as soon as the 1st month was late
I have no contact information for the new named property agents on the solicitors letter
can they just change companies and not inform me and shouldn't have they contacted me sooner instead of letting the debt increase
please help

[Crazy council]

Re: worried

All depenbds on the wording of the agreement you signed.

I have not been informed earlier that the rent was late I now need to pay over £2000 instead of £530 which is the monthly cost they should have been in touch as soon as the 1st month was late

probably, but depends on the agreement you signed. Ours always stated that would would notify the guarantor at 14 days after the late payment of 1 month became due, can you post up the form you signed, blocking out any identifiable details like address and names.

There are circumstances that we have encountered were situations like this have arisen, most commonly withdrawal or overpayment of Housing benefit.

At 3 months arrears, i presume the have given the tenats notice under section 8 ground 8.

Its worth posting up the form, these can go from total unenforceable, to extremely costly for the guarantor. rent is at least a fixed value, damages and others are not.

[shirley tobin]

Re: worried

the agreement say's it falls to the guarantor at the end of the month that the payment was due i.e 1 month

what about the different company name I have not heard of them before this letter

shouldn't I have been informed and signed new paperwork with this company

[Crazy council]

Re: worried

the agreement say's it falls to the guarantor at the end of the month that the payment was due i.e 1 month

Ok, they have not notified you till three months. thats something in your favour if it ends up being argued out.

what about the different company name I have not heard of them before this letter

and

shouldn't I have been informed and signed new paperwork with this company

doesn't really make a difference, you agreed to be guarantor for the tenancy. Who operates that doesnt make a difference. It does not change the tenancy.

Has you daughter ( i have 3 ), given an explanation for the rent not being paid, ie is there money due like HB or, is it, the rent just not been paid.

The above question is more to do with advising how you act now, And, does the garuntee form say anything else ( conditions ect )

My advise, if there is no chance of the rent being paid, is act to close your liability on this. If it can not be sorted, dont let the costs get out of hand...

Repairs are the big point of contention with guarantors, so make sure, the will be no damage in the property, and its clean when they vacate. ( if i was the garuntor, i would want to check before it was handed over, and take pics )

So, if your really want my advise on this, take a breath........

1. Meeting the Daughter and BF immediately.... dont be mad, ask them to help, explain that this could get financially out of hand,,, tell them they wil have to leave as soon as they recive notice tro vacate date from agent.

2. Letter to agent, complain that you was not notified at one month and explain you woul dhave acted then, immediately, Then ask them if they served the notice as soon as the tenants were 8 weeks in arrears, if not, why not. Telll them you consider that your the guarantor from 1 month prior the first notification, not 3 or 4 month. ( you may need to show this communication to a judge so be clear in it )

3. Tell daughter to take notice she receives to council, they will get re-homed, if needed.

The above advice is only if there is no chance of the rent being paid by Daughter and partner.

Question Did they pay a deposit or and advance, ( how much on each )

Because sorting this out, will be, Arrears + Damage/cleaning + fees - Deposit + advance rent = What guarantor usually has to pay

The fastest way out of the contract would be the notice after 8 weeks, acsepted by the tenants. But, if the guarantor form hold up, there is no reason for them to hurry up, and they will just let it rise untill they take action...

The above advise would end it the fastest, but if the agents or owners delay anything, you would be able to show the judge that you have acted to limit your liability at first notification....

[FlamingParrot]

Re: worried

3. Tell daughter to take notice she receives to council, they will get re-homed, if needed.

Although the OP's daughter seems to be 4 months in arrears with her rent :scared: I see no mention of an impending eviction, perhaps because they expect to recover the money from the guarantor. However, this is a rather optimistic view of councils' housing allocation policy. It's not that easy to just get rehoused by the council, in particular, if there are no children or people who could be classed as vulnerable due to illness or disability. Furthermore, being evicted due to rent arrears could easily get them classed as intentionally homeless if they were evicted.

Ideally this scenario should be avoided at all costs. Even if they were to move out or got evicted, the OP would still be responsible for the unpaid rent and would face enforcement action to recover the money.

[Crazy council]

Re: worried

see no mention of an impending eviction, perhaps because they expect to recover the money from the guarantor.

I agree FP, i also would not put it past the firms involved to have done a financial assessment of the guarantor, to guess how far they can push them. Thats why i stated to Close the Liability straight away.

My love for my kids is unlimited ----- the credit line i extend them, on the other hand,, is limited... lol..... :tinysmile_aha_t:

to limit her potential liability, her argument would be that the agents did not act promptly. The earliest opportunity to serve notice on the tenants would have been 8 weeks arrears ( sometimes 12 weeks ). If they paid 2 months advance or deposit, and her daughter and partner agree to leave, and its in a good condition. they could limit ther liability to the sum i did above

Because sorting this out, will be, Arrears + Damage/cleaning + fees - Deposit + advance rent = What guarantor usually has to pay

Although it may seem harsh advice to act in that way, sometimes you have to step in as a parent.. My oldest 2 are like chalk and cheese around finance and paying things. ones great, ones a disaster..