Guarentor advice

[Trudi]

[QUOTE=Trudi]Hello I just wondered if anyone can help us please?

My husband agreed to be a guarantor for my sister, she has Been happy in her home for 6 years with 2 children, her landlords want her flat back, she is unable to get help to rent anywhere else (as we have declined to be her guarentor again) the council advices her to sit tight until her court date and they will help her out when bailiffs come, she is up to date on her rent, she is unable to pay thr court fees as just manages to pay her rent on her own, also she is facing £22 a day interest? we have been sent paperwork saying that we are responsible for her court fees or face a ccj, we are not in a position to help financially at the moment. The council have advised that she needs to sit tight and she needs to set up a Payment plan and it won't affect us ... this is causing awful stress and arguments between me and my husband, please can you advice how this will affect us please?

[ostell]

Re: Guarentor advice

So you are acting as a guarantor for the rent. No arrears of rent. What was the court case for and what is the interest charged on? Who sent the paperwork saying you are liable for the court fees? You can't face a CCJ without being taken to court yourselves. Someone may be telling porkies.

[Trudi]

Re: Guarentor advice

So you are acting as a guarantor for the rent. No arrears of rent. What was the court case for and what is the interest charged on? Who sent the paperwork saying you are liable for the court fees? You can't face a CCJ without being taken to court yourselves. Someone may be telling porkies.

Thank you for coming back to me, she needs the court date for the date the bailiffs to come, this is the only way the council will help her (she has tried 22 landlords for help and no one will help her privately) - I spoke to her estate agents who advised we were responsible for her court fees if she can not pay, if we don't then we could fave a ccj... we were sent the paperwork and with the court date on, this is interesting as we have no idea who to believe, her flat needs decorating throughout and we were also told we were responsible for the overall state of her flat! It's so stressful and should not be down to us! She is working flat out with 2 children to try and pay her rent up to date!

Many thanks

[Diana M]

Re: Guarentor advice

Is the paperwork you've been sent a claim for possession of the property where your husband may be named as the Second Defendant because he's the guarantor?

A guarantor is normally legally liable not only for the rent but for any other breaches of the tenancy agreement which they have guaranteed. So even if there are no rent arrears there could sill be a financial claim against him.

You refer to the need for the property to be redecorated so maybe the claim is not only for possession of the property but also seeking a money judgment?

If there's a court hearing and your husband is named on the claim (he may not be) then he should attend.

Did your sister pay the Landlord a deposit at the beginning of the tenancy and if so was it protected by a Government approved scheme? If not this may become an issue your sister may be able to raise to thwart any possession/eviction and in some circumstances ask the court to order the Claimant/Landlord to pay a penalty up to three times the value of the deposit.

Without knowing the full facts it's difficult to give precise suggestions.

Di