Landlord dispute - As guarantor I'm on the hook for missing payments

[gnicholls]

Thanks ECHAT11.

Always, notify the guarantors in writing as soon as you become aware of a problem with rent payments, damage to the property or any other breaches of the tenancy contract. If you don’t keep the guarantors informed, giving them the opportunity to put matters right at an early stage, this could jeopardies any legal claim you may subsequently bring.

This line was interesting, I received no formal notice that rent was in arrears until a few weeks back. Given that the claim is for the last 5 months of arears then maybe some hope here.

[islandgirl]

I don't think given what you have said you would need to rely on that issue though it is another plus for you, The main issue is the way the LL has broken the law. Can you answer about whether the deposit was in a scheme?

[gnicholls]

Hi ISLANDGIRL, I have just received back a copy of the Deposit Protection Certificate. It is with mydeposits.co.uk and runs from the 27th Jan 2021 (my friend moved in on the 11th September. The document has the details of both the landlord and the tenant, but no signature for either (there is a section2 for this purpose which is blank). Not really sure what implication this has? I suspect that this is the document in question that the landlord attempted to get my friend to sign. Interestingly she sent me a copy of someone else's DPC as well equally blank in the section2

[islandgirl]

Thank you. So when was the deposit paid? If it was paid in Sept and only protected in January it has implications. Was all the information also provided along with any gas certificates at the time of moving in?

[gnicholls]

The document says that it was paid in November, but I'm pretty sure it was paid the day she moved in. Either way there is either a two or four month gap between the payment being made and the deposit being protected (assuming it is protected without signatures?)

[islandgirl]

I believe it has to be within 30 days which is another string to your friend's bow. I see you are getting full advice on Landlordzone too. I don't think you have much to worry about. However your friend has gone about dealing with the problems in the flat the wrong way and simply not paying rent was certainly not a good way forward. I think in your friend's position (and I am not a lawyer so this is not formal advice, just what I would do) if the flat really was awful - if it wasn't then your friend should pay up - I would write to the LL detailing all the ways in which the civil and criminal law has been broken and say that if they forget the 3 months rent (from them or you) I will not sue for 3 x the deposit etc. Ask him to write back and confirm agreement. See what he does next!