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Guarantor on a tenancy agreement.


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Hi, looking for some information/advice/help.  I stupidly signed as a guarantor for my son and his girlfriend in June for their house.  One year contract.  Review June 2023.  When I signed the documents I told the landlord that I wanted to know the day after any due payment was late.  This he agreed.  I 'laughingly' told him I wasn't paying for any house I wasn't living in and not to leave it months before contacting me. 

 

Obviously was not listening to a word I said as he had just advised me today that there are £2600 rent arrears.  August / September /October / November rent and it is due again in two weeks £695 pcm.

 

I obviously don't have that money to lay out.  Very unwilling to pop it on a credit card.  I know I have been a stupid idiot for signing.  Landlord wants to come to an arrangement and has reminded me that girlfriend has told lots of lies to him over the last four months and wants it paying ASAP and reminds me that this is my obligation to sort it.  Son knew nothing of it before today and is as shocked as I am.  Can anyone offer advice to the questions below.  Can already feel the sleepless nights coming on.................

 

Question one

Do I offer him a weekly payment?  I obviously have my own house to pay for.  Don't think I can afford more than £100 per week.  I am not defaulting on any of my bills to pay it.

Question two

Is it better to bang it on the credit card to stop any action?

Question three

How do I make sure that my name comes off it when it is renewed in June?

Question four

Do I need to see a solicitor to make him a formal offer of payment?

Question five

If he does go down the legal route, what would the process be?

 

I know I have been so stupid but I though I had it covered when he agreed to let me know of any problems and to be fair, he has sent me screenshots of messages where the guy thought he was talking to me.  I am gutted I have got myself in this situation and need to get myself out of it as soon as I can.  Any help would be much appreciated.

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the worst for you ...

.it could mean him taking you to court trying to get a judgement ccj for the sum as the guarantor 

for them it could lead to eviction/s21 notice if he really really wanted to be nasty.

 

how are they going to pay you back or if not .......more importantly, pay him going fwd until the end of the tenancy?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah your Son never knew anything about 4 months Rent Arrears possibly going into 5 months Rent Arrears really he is living in the property and I assume is on the Tenancy Agreement so he is responsible for the Rents Arrears, best ask him how he is going to sort this.

 

You are lucky the Landlord hasn't started Eviction Proceeding already with that amount of Rents Arrears.

 

Sadly as you signed as Guarantor the Landlord can go after you to claim back those Rent Arrears and only if the Landlord does go down the Eviction route and it ends up in Court the Landlord will also claim there legal costs as well as the Rent Arrears owed.

 

Think you need to have a very serious discussion with your Son and his Girlfriend as to how they are going to sort out not just the Arrears but the next Rent Payments as you will also need to make contact with the Landlord to make some sort of Payment arrangement for those Rent Arrears sooner rather than later as the Landlord has sort of offered that.

 

You need to sort this with the Landlord as a priority .

 

Due to what has happened IMO if your Son ever ask you to be Guarantor for anything you seriously need to think very carefully about it due to what has happened here and question what has he and his girlfriend been doing with the Rent Money for that property not a small amount and have they been paying the other bills for the property i.e. electricity, gas, water etc.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

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  • 2 weeks later...

Thanks for your help people. 

 

They have come to an arrangement to clear the outstanding arrears without getting any further in a mess. 

 

Now I know, I will make sure that the payments are being made. 

 

Landlord only wishes to deal with me now and that's fine. 

 

It has opened up a can of worms, but fingers crossed were going to be fine from here. 

 

Wont be doing it again at all.  EVER!

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Well done 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi

 

That's great news, just bear in mind to keep a close eye on this to make sure the Landlord is getting the payments so this doesn't happen again and land at your door as Guarantor.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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