Guarantor and threat of Court.

[Belaflat]

Hi all,

Need some advice please.

 

I stood guarantor for my daughter for her rent on her first home.

She is experiencing difficulties due to preferring to work rather than claim benefits but the Council are really dragging their heels over sorting out any help she will be getting.

I am aware of my obligations and am not trying to wriggle out of them however the Landlord is not one of the nicest people in the world and we find out later he has a reputation for being a bully boy and going to the courts at the drop of a hat.

 

My current query is that today I received a copy of a letter sent to my daughter saying her rent is overdue (1 months) and that if payment is not received by 1st September he will commence Court proceedings against me for payment. The letter was to my daughter and I was just sent the copy.

 

I am seriously aggrieved that he has not contacted me personally in all this and is threatening my daughter over 1 months rent when he knows she is waiting for some assistance to come through.

 

I don't mind paying for her but I object to his approach and was wondering if he did issue papers would I have any grounds to object because there is some procedure he should have followed. I really don't like his attitude and want tomake him work for any payments off me because of this. If he had sent me a letter explaining the shortfall without threats than it would be a different matter.

 

Looking for somewhere else for her to go but when she vacates I fear he will use me as a cash cow to renovate his dump of a house.....he has done this before,claimed for all sorts of cleaning and repairs off the guarantor despite the house being reasonable. (wonders of social media)

 

Any advice appreciated....except the don't be a guarantor type.....heard it all before thanks, lol.

[leigh04]

As far as im aware it has to be 8weeks or more in arrears before anything realistically can happen.

 

Others will be along later to advise more but im sure its 8weeks as ive seen it written on cag a few times.

[BazzaS]

 

I stood guarantor for my daughter for her rent on her first home.

 

Looking for somewhere else for her to go but when she vacates I fear he will use me as a cash cow to renovate his dump of a house.....he has done this before,claimed for all sorts of cleaning and repairs off the guarantor despite the house being reasonable. (wonders of social media)

 

Any advice appreciated....except the don't be a guarantor type.....heard it all before thanks, lol.

 

Take lots of photos & also video when she moves out.

Invite him to be there too (letting him know you'll be videoing it).

 

If he agrees & turns up for the videoing : that is pretty conclusive as to the state of the property when you vacate as you can video the keys being handed over.

 

If he doesn't turn up : you'll have the images & can show you invited him but he declined : highly persuasive evidence for later!

[The Carpet Cleaners]

Sorry, but it is only 8 weeks before he can start eviction proceedings for non payment. He is entitled to chase for non payment once the rent is overdue. He is entitled to go after either the tenant or the guarantor for the rent, whomever he thinks will be easiest to get it from. Not nice I know, but that is how it works.

[leigh04]

Sorry, but it is only 8 weeks before he can start eviction proceedings for non payment. He is entitled to chase for non payment once the rent is overdue. He is entitled to go after either the tenant or the guarantor for the rent, whomever he thinks will be easiest to get it from. Not nice I know, but that is how it works.

 

I understand that thats why I said realistically nothing legal can be done unless its 8wks or more , the landlord cant do court before then ie eviction.

But the way the OP has written it they have until 1st sept to clear the arrears or he will go to court.

My apologies if im wrong .

I know the landlord can chase for payment from either tenant or guarantor but I have read that its 8weeks rent arrears before any legal action can commence.

[shywazz]

A tenant is obliged to pay rent under a lease or tenancy agreement. There is no requirement that the landlord demands payment of the rent from the tenant. However, a demand for rent can serve as a useful reminder to ensure that the tenant pays the rent in full and on time.

A landlord may only take enforcement proceedings under a lease or tenancy agreement after the rent has been formally demanded or is more than six months overdue. There is a set procedure by which rent may be formerly demanded. It is possible for the landlord to exclude the requirement to formerly demand rent.

A demand for rent letter should be sent to advise a tenant that the rent is due. The document should set out the way in which the tenant is to pay the rent to the landlord. It is becoming increasingly common to transfer money by bank transfer rather than to rely on the post to deliver cheques.

 

Failure to pay rent

 

If the tenant fails to pay the rent, which they promise or contract to pay under the lease, the landlord can take the following actions.

 

Proceedings against the tenant

 

The landlord may commence court action against the tenant for recovery of rent.

 

Bankruptcy and winding-up

 

If the sum owed exceeds £750, the landlord may consider serving a statutory demand on the tenant with a view to commence bankruptcy proceedings against them. However, the landlord has to bear in mind that the bankruptcy of the tenant may reduce the chance of them getting paid in full since the landlord will become an ordinary unsecured creditor on the bankruptcy of the tenant.

If you have rent arrears, your landlord may try and evict you. This is called seeking possession. To do this, in most cases they will need to follow a procedure which involves getting a court order. They can't make you leave your home without going to court first. If they do make you leave without taking you to court first, this is against the law.

In some cases, even though they take you to court to evict you, they may agree to let you stay in the property as long as you agree to pay back the money you owe and you don't fall behind with your rent again.

There are a number of stages involved before a tenant can be evicted for rent arrears. They are:

 

• if your landlord is a social housing landlord, such as a local authority or a housing association, they have to follow a rent arrears pre-action protocol. It sets out a number of steps which your landlord must take before starting court action
  
• your landlord must give you notice to leave your home, this is called a notice of seeking possession or a notice to quit
  
• if you haven't left by the time the notice has run out, your landlord can apply to court for a court order and you will receive court papers
  
• at court your landlord can ask the judge for an order called a possession order
  
• if the possession order requires you to leave your home and you haven't left by the date on the order, your landlord can ask the court for a warrant of possession
  
• you would then get a notice of eviction sent to you by the bailiffs saying when the eviction will take place.
  

If you're a private tenant with an assured shorthold tenancy, your landlord may be able to use a different, slightly quicker procedure than the one described on this page.

For more information about assured shorthold tenancies and rent arrears, see Assured shorthold tenancies and rent arrears.

It’s important to know what type of tenancy you have so that you can work out exactly what steps your landlord has to take before evicting you.

If you’re not sure what type of tenancy you have, see Renting from a private landlord and Renting from a social housing landlord.

You can also go to your local Citizens Advice Bureau for advice about the type of tenancy you have. To search for details of your nearest CAB, including those which give advice by email, click on nearest CAB.

Even if your landlord has already started action to evict you, it’s not too late to try and come to an agreement to pay back what you owe.

For more information about coming to an agreement to pay off your rent arrears, seePaying off your rent arrears.Guarantor for Rent

A Guarantor is a person or entity that agrees to be responsible for another's debt or performance under a contract, if the other fails to pay or perform.

 

Definition of Guarantor

 

The meaning of guarantor is basically some person or company who guarantees something legally. A guarantor is basically saying, “I am legally bound to make sure that why I am putting my name to will happen.”

The guarantor is legally bound to fulfill the agreement entered into if the principal does not. The guarantor is bound only to the extent that the principal is, and any payment made by the latter, or release of him by the creditor, will operate as a release of the guarantor.

From the perspective of renting a property it means that where a tenant has a guarantor, be that a family member, friend or business colleague, or even the company they work for then if the tenant fails to uphold their obligations under the tenancy agreement they have entered into then the guarantor will be liable to uphold them. That might be paying the rent, paying for damages or even court costs incurred or all three !

[Lea_HTH]

A landlord may only take enforcement proceedings under a lease or tenancy agreement after the rent has been formally demanded or is more than six months overdue. !

 

The above 'six months' is absolute nonsense.

 

Rent is 'formally due' under the tenancy agreement, so the moment it is late, it's late. The LL does NOT have to make a formal demand for it again, tenant knows it's due, hasn't paid it, and LL knows it hasn't been paid - everyone knows what they are supposed to do and someone hasn't done their bit.

 

It is common sense for a LL to write or contact a tenant to say 'you've not paid, is there a problem?' - however, not all LL's use common sense.

 

A LL can start possession proceedings when rent is late by one week - eight weeks is not a magic number, it's the level of arrears required by a ground 8, that a tenant has to have on the day the notice is served and on the day of the hearing itself, for the LL to be guaranteed possession. A LL is free to use grounds 10 or 11, persistent delay, or rent arrears of a level less than 8 weeks (or two months for monthly rentals) if he/she so chooses.

 

So this particular OP's daughter is not 'safe' from court action. The LL will likely take proceedings against the tenant and include the guarantor in the claim, in order that any judgment issued for any rent arrears will be against both tenant and guarantor.

 

Less than two months arrears means a possession order is unlikely, but a suspended PO may be on the cards and a money judgment will almost certainly follow that - which leaves the guarantor with the problem that if the monies are not paid, LL will go for enforcement action.

 

'Making the LL work for the money' isn't sensible in the slightest - he's already not being paid for something the tenant has already had, and is owed that money legitimately, so demanding it (even if in a way that is not appreciated) is perfectly reasonable.

 

If OP has the means to pay it, she should and then reclaim the money from the tenant once she has received it from the housing benefit department.

 

If there's a tenancy agreement still in place, moving out may not be straightforward.

[Belaflat]

'Making the LL work for the money' isn't sensible in the slightest - he's already not being paid for something the tenant has already had, and is owed that money legitimately, so demanding it (even if in a way that is not appreciated) is perfectly reasonable.

 

I am aware of my obligations and will fulfill them but to cut a long story short, has the correct legal procedure been followed by the LL in the scenario outlined.

I will defend if he goes through with it and request all agreements and payments history as I think he has short changed my daughter in the past when I have stumped up rent and the Council has then double paid him and we have had to fight to get any money back.

 

Lets be clear...I WILL pay if required but if he persists as above then I WILL make him work for it.

 

The Short tenancy period has now expired (6 months) and is now a rolling contract. Only 1 months notice required to quit.

[mariner51]

IMO the LL has acted correctly & reasonably. His 'demand' can be regarded as a Letter before Action.

He has informed both T & G about overdue rent and can proceed in 14 days with s8 g8 in 14 days, provided more than 8 weeks rent is owing at time of Court application and at date of hearing.

Rent owing is not strictly arrears. If rent is payable pcm, then T 'owes' 2 months rent on day after 2nd missed due date and LL can proceed.

It is Ts resp to ensure rent is paid, not LHA. Indeed LHA may not discuss Ts benefit claim without a DPA waiver from T.

G is resp for Ts debt to LL

 

 

OP don't believe everything you read on social media, much of it can be libellous, esp against LLs.

[Belaflat]

OP don't believe everything you read on social media, much of it can be libellous, esp against LLs.

 

Not just social media.................http://nearlylegal.co.uk/blog/2009/02/its-not-a-deposit-honest/

[mariner51]

There has been a lot of new LL&T Law since that 2009 CC case, which could not set a legal precedent.

Key was the Localism Act

It also related to rent due weekly.

Do I take it the defendant is your dau's current LL?

[Belaflat]

There has been a lot of new LL&T Law since that 2009 CC case, which could not set a legal precedent.

Key was the Localism Act

It also related to rent due weekly.

Do I take it the defendant is your dau's current LL?

 

Yes, the LL is the pleasant chappie in the linked court case.

[Belaflat]

An update................if anybody still bothers to read this, lol.

 

Got a breakdown of her account, the agent assured me she had been in arrears of some type for nearly 4 months.

Account showed 4 weeks since she was last in credit although there had been arrears in the past before this date.

Some little stingers she was not aware of...every time they sent out a letter, they charged her a £25 fee for the letter plus a further £25 for being late, plus £1 a day for every day late with her payments so her months rent of £425 had shot up to just under £500 with charges.

She says she was never told about these although I feel she has not read the small print. She was not however notified of these charges being added so paid what she thought was due without realising about the little time bomb adding up which is why she has been in a a few pounds arrears for so long.

Have now got her Tax credits and Housing benefit sorted so hopefully that will be an end to it.

Agent has hung fire with Court to allow payment to be processed but has warned no leeway in future.

Could be awkward when she stops work again as its seasonal and the benefits staff are in no hurry to sort things out.