How Do I Stop Being A Tenant Guarantor?

Common problem, common question.

Unfortunately, the question is usually posed by a weepy-eyed do-gooder that wears their heart on their sleeve and was only too happy to vouch for a loved one, no questions asked. That’s usually the problem, no questions were asked.

I’m pretty sure a lot of guarantors don’t fully understand what their legal responsibilities are until they’re actually forced to step up and swallow the consequences of their duties.

Being a Guarantor is no joke, and it’s probably the only selfless good deed in this snake-oil industry. I’ve yet to witness anyone gain any joy from being one, so it’s important to fully understand the risks of being a Guarantor… before actually agreeing to be one. It’s not exactly rocket science.

I’m no expert in this field, but I’ve read many cases from both external sources and comments left on my blog, so I’ve managed to pick up a few nuggets of information. From what I’ve aware, there are a handful of ways in which a guarantor can actually stop being a guarantor, which are as follows:

  • The landlord allows the guarantor to surrender their legal obligations as a guarantor. In this case, the guarantor should get this in writing from the landlord.
  • If the Deed of guarantee contains a termination provision (allowing the guarantor to withdraw on say two months’ notice)- the provision can allow the termination during the fixed term.
  • If any term of the tenancy changes (e.g. rent increase) the guarantee will automatically come to an end.
  • Death of either party.
  • If a new tenancy is entered into, the guarantee will automatically come to an end, unless a term in the guarantee states an automatic continuation.

In most cases, the conditions above depend on the wording of the Deed of guarantee, so it’s important to read the terms with due diligence, and seek legal advice if uncertain.

If anyone believes any of the above to be untrue, or can expand on any of the escape routes, please let me know. Also, has anyone successfully or unsuccessfully got out of being a guarantor? If so, which route did you go down?

59 Comments- Join The Conversation...

Showing 9 - 59 comments (out of 59)
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Emma 6th November, 2013 @ 12:18

A guarantor is signs the lease with you and takes on your financial obligations under the lease. He chooses to become bound to the lease. Of course he has resposibilities and rights!This often means that a guarantor is liable for any rent or property damage that the leaseholder has failed to cover.

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LLK 19th November, 2013 @ 13:54

Myself and my husband are guarantors and holders of the lease on a commercial lease which comes to an end in August 2014. When we signed up the landlord said not to bother with solicitors and if we wanted to get out at any time we could give him 3 months rent to exit. Stupidly we believed him. The contract was signed by a witness but not witnessed by us. He keeps agreeing to our exit plans but the denies he ever agreed to them. What can we do?
Also there have been problems with the building-leaking roof- since we moved in last year. Only now is he repairing it as he know our lease will end in August.

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andrea tinkler 19th February, 2014 @ 16:29

I have my sons landlord requesting payment as he states i am guarantor. I have never signed anything, although the landlord has sent me a signed guarnator letter ( no witness or landlord signature). Im retired and have no desire to be a guarntor for anyone. How legal is this please?

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Paul 22nd March, 2014 @ 16:56

Does anyone know if the guarantor becomes bankrupt are they required to pay or stand over there agreement. Thanks

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Charmaine 4th April, 2014 @ 19:59

My gurantour signed a 6 month shorthold tenacy agreement does this mean even though she has never signed another agreement 2 years down the line she is still classed as the gurantour liable 2 pay charges ?

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kKen 30th April, 2014 @ 14:58

If there is no end to a contract and no way of the guarentor ending the agreement it could be deemed an 'unfair contract'. Look up guarentor on the Citizens Advice site then try the link on unfair contracts.

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e hodgson 14th May, 2014 @ 20:59

My son signed as a guarantor for his friend. His friend recieved housing benefit from the council, but he has not paid his rent for months. My son signed as guarantor over 2 years ago. The landlord has just rung to ask about the tenant (my sons friend) who has not paid the rent, and the house is in a mess, and the landlord cannot contact the tenant either nor can my son who has not seen this 'friend/tenant' for 6 months. PLease can someone tell us what to do, none of us have the money to pay these bills (we stupidly trusted him), and the lad has been recieving housing benefit so he could have paid, my son is in a very low wage and is self employed, this is very distressing and we don't know what to do about.
Anne

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Ian 19th May, 2014 @ 13:16

I have been a guarantor since 20th June 2012 for my brother (now ex) girlfriend. This was for an initial 6 month lease that then rolls on.
She got into arrears back in August-September 2013 and I worked with her and the letting agency to get the arrears cleared. As soon as this was done I sent 30 days written notification that I would no longer be held as a guarantor effective 24th October 2013.
I have heard nothing since until recently (May 2014) when the letting agent contacted to let me know that the account was again in arrears and that I was responsible.
I have read through the guarantor agreement and it does say that the agreement is ongoing but when does it stop. As far as I can see I have no say whatsoever. The tenant and the landlord can end the agreement with notice but as the guarantor, I have no way of getting out of this unless I die!!!!
Does anyone have any suggestions?

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kirsty 20th June, 2014 @ 08:25

you have probably been asked this lots. Me and my partner have just split up im the guarantor for the flat we live in. He gets housing benefits and i work and have 3 months left on the rented flat how do i stop being a guarantor before 3 months is up?

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Bev 14th August, 2014 @ 10:48

Hi everyone, we too are in the same position as all you guarentors, no end to it! and no rights. As you say it is all in favour of the Tenant who can do just as they like.We are faced with a big family arrgument that has coursed us to not want to be a guarentor, but we have to wither we like it or not, as there is no way we can stop. I have also learnt that even if my husband dies the guarentors contract still stays in force. Crazy! when somebody is 6 feet under. How it works is beyond me.
My logic says that if there are rent arrears at the time a guarentor dies, i can understand it will come out of the guaretors estate, but if there are no rent arrears at the time of death then the guarentors contract should end.and the resposibility should be with the tenent to find another one or get out of the property. These contracts that are in force for guarentors are in my opion makeing guarentors do something they no longer one to be apart of and cant get out of at all! I thought everybody in this world had rights, even convics. Where are the rights for guarentors?
we are not contact after a 6 months period to see if we want to still be a guarentor. its just continues automatically. In my opion it is an area that the goverment need to investigate, as they have other industrys. it is forceing people to continue with something they dont want to be in and their situation may have changed since first signing to be a guarentor.This is not right in this day and age!In my opion if a guarentors situation changes and they want to with draw, it should be allowed and the responsibilty to be on the tentant to fins another or get out. words to this effect should be incuded in contracts to allow a guarentor the chance to pull out and would place the responsibilty on the tenant who wants the property!
I feel very, very annoyed of the fact guarentors have no rights and can be rail roaded like this.

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laura 31st January, 2015 @ 17:50

My partner signed as guarantor for his daughter. He has not spoke to her for over a year. He has just had a letter yesterday to say her housing benefit has stopped and can't pay the rent. He has contacted her and she has told him she has done it on purpose,to make him pay !! Does he have any rights if this has been done maliciously ?

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michael 4th February, 2015 @ 13:40

i made the biggest mistake of my life guarantoring a property for my partners son in law and her two grandchildren to which he ran up rent arrears was evicted and refused to leave the property when he was finally evicted left the place a mess and had to be repaired anyway me being the guarantor and chased through the courts have just settled the bill with no thanks from anyone to the tune of over £4450 will never act as a guarantor again for anyone so guarantors please think hard about what your doing.

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Jemma 9th February, 2015 @ 12:45

Can anyone help,,, I am the guarantor for my brothers flat, he is unable to pay his last months rent so he is handing in his notice, the rent will be one month late and paid around the time he leaves the property. The estate agents are apparently going to call me to ask for the rent. Do I have a leg to stand on considering he is leaving the property and isn't refusing to pay its just going to be late as he cant afford it from this wage. I am with the same estate agents and have a really good relationship with them, I really don't want to fall out but I simply cannot pay, I knew the responsibility when signing the agreement but my brother was under threat never to put me in this position and I trusted him not to, party lifestyle soon catches up!

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Vee 4th March, 2015 @ 08:47

I signed up as a Guarantor in a Deed for my two sons sharing a flat and landlord is an absolute nightmare to deal with and not doing repairs. He signed them to a 12 month fixed and joint tenancy for 2 of my sons and 2 of other boys. He keeps harassing me for all of their rent.

Also despite my asking him he never provided a copy of the tenancy prior to signing up as guarantor at the time my boys were desperate being students and needed a place to live but I did ask him for a copy of the lease. As he did not provide this can I get out of my obligation of guarantor

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wizard 17th April, 2015 @ 17:35

I understand this is a site for landlords, but it's almost like a gather-up of people complaining about horrible tenants and giving every reason under the sun why one shouldn't be a guarantor. Well, guess what? Many if not most people pay their rent on time every month, they don't up and leave, they are not cheats or irresponsible grown ups living a teen life. I'm sorry for all your troubles here, but there is nobody who has to say anything positive at all. This site seems not to only warn you fairly about your guarantor responsibilities, it seems to bash anyone needing a guarantor. If anyone looking for a fair advise to consider pros and cons reads this, especially with all the horror story comments, what would they think? NO way I'm going to put myself into such trouble. Of course.
No I don't think it's a fair advice and it's very very biased. Unfortunately people with good experience have no need to comment or even look up sites like this. Hence such a negativity.
Also another advise you're providig is "How do I stop my filthy tenant from smoking?" REALY? You just made a statement regarding your respect (or lack of) people who are tenants. Why the word "filthy"?
Good luck with your "informative" site.

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Elbee 18th June, 2015 @ 10:00

We've just refused to act as guarantors for a family member because the contract we were asked to sign was so unfair. It has caused no end of family ructions! I think action is needed to change the process and the contracts. Yes landlords need protection, but the current system is grossly unfair to guarantors . I have some simple ideas to make it fairer and clearer. Any ideas on where to start - who should I contact?

Thanks
Elbee

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shaz 25th June, 2015 @ 21:09

I became a guarantor for my son 5 years ago because him and his partner didn't have jobs or anywhere to live his partner now wants to move and I'm worried they will just do a flit also the house is in a bad state of repair what are my rights

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Stuart 3rd September, 2015 @ 18:38

Me and my girlfriend have split up. We have a joint tenancy and my brother is the guarantor. We are being given an eviction notice for the end of our tenancy. My ex is saying she will not be leaving the property then and i have been told that the cost of getting her out will fall to the guarantor (my brother). I will be leaving the property so how does this affect my brother.

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Elbee 4th September, 2015 @ 11:52

Shaz - sorry, as I understand the situation you have no rights, only responsibilities. All you can do is encourage your son to behave responsibly.

Stuart - it is you and your (ex) girlfriends responsibility to pay any fees due. Your brother has been kind enough to act as guarantor to help you out on the basis you would pay your dues. If the pair of you don't sort it out, then yes he will be liable. Don't let him down.

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Ditz 19th February, 2016 @ 22:15

Hi, looking for information on how to remove the guarantor responsibilities after initial AST expired in 2010, and a further 4 AST were signed all with rent increases and I've been in the property over several years.
There's no issues however I as the tenant would not like anything in the future to come back on my now elderly relative.
Is there some official declaration I/they can send to revoke their responsibility?
Thanks
Regards

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Margaret cassidy 24th May, 2016 @ 20:21

I am a pensioner who became guarantor for my worthless son and his lazy partner. Why? To ensure that my five grandchildren had a home. They too have stopped paying rent four months ago. They are to be evicted and to date they have done nothing to find a new home and the outstanding rent arrears are over £2000.I am frantic about how I will pay and what will happen to my grandchildren. This country and its laws are disgraceful. If we get out of the corrupt EU, perhaps our laws will start to make sense again and victims like us and not criminals will be looked after.

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Elbee 25th May, 2016 @ 08:23

Dear Margaret
I'm really sorry to hear that your son has let you down, but I really don't think you can blame the EU for this one.

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Margaret cassidy 28th July, 2016 @ 17:45

I blame them for a world where the guilty are more important than the innocent because our laws favour the cheat,e. g. Mps, SIR philip green, all the lords who get paid & £300 aday to sleep on a leather chair THE LAW IS AN ASS and we cannot change anything while we are shackled to a corrupt institution, the whole world is run by cheats

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karen lockett 4th August, 2016 @ 09:14

i became a guarantor for my daughter so she could get a flat for her and my granddaughter,after 6 months she signed up for a year costing me £150 for a piece of paper,plus £1200 for a bond and first months rent and estate agents fees
after 6 months my daughter went through hell with her violent partner he threatened to kill her and my grandchildren
police were involved also social services i need to get them out of the property for there safety,i put this into writing to the landlord and estate agent but got nothing back except i was to continue to pay the for another 6 months,i have now paid 3 months rent for a house that stands empty at the cost of £450 a month,i am struggling to pay 2 lots of rent as i only have a low paid job but dont want to get ccjs or for them to take my items from my home,that is what the estate agent said would happen if i stopped paying (north east letting) nightmare stay well clear of these people,they get any money out of you and dont do repairs.

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Naomi honeypot hayes 16th August, 2016 @ 00:30

My guarantor has had a stroke and in hospital. Cam I get another guarantor?

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steven brown 2nd November, 2016 @ 22:03

i was a guarantor for my step son about 5 years ago, and in that time he has moved from this house to another without a guarantor in place, my question is the letting agent know about the roof collapsing and took 3 months to get it repaired, when my step son left he told the letting agent he would pay £399 for what i dont know, but after 3 years not being in the property they have now just sent me a letter saying they going to take me to court is this legal after 3 years

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Suzanne Page 9th January, 2017 @ 08:20

The short answer is no you can't"get out" of being a guarantor. By the time most people know this it's too late.

Learn and move on.

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Amanda 9th January, 2017 @ 12:54

There really should be laws to protect guarantors but also tenants in some situations. Commercial tenants don't have any rights in many circumstances.

I used to rent a shop for a business with my sister and we were taken in by the landlord. Really the name 'landlord ' should be changed now as these days they are not landowners in the traditional sense. The name can often make them arrogant.

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Jason Arnold 7th February, 2017 @ 19:03

I am guarantor for my girlfriend
The land landlord gave her one price then told the council another
Is this guarantee void due to the changes in the rent

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Elbee 8th February, 2017 @ 09:06

Jason
You need to read the contract, but frankly I doubt this would make it void as usually increases in the rent are covered under the guarantee.

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Gary 3rd May, 2017 @ 12:05

A message to all potential Guarantors.

When a landlord gives a set of keys and signs a tenancy agreement, he or she is handing "LEGAL POSSESSION" of a property that may be worth £100,000 + to somebody they don't know or may have never met before.

All they know about that potential tenant is whats been written on an application form vs references obtained + a credit check.

So they ask somebody, that should know that person a lot better than they ever will, to act as a "Guarantor".

If the person you are guaranteeing is a fine upstanding citizen, then there shouldn't be a problem.

If, however, you know the person to be a diabolical monster, that wont even buy a round of drinks without borrowing a fiver off you, smokes weed, can't recycle and urinates on carpets when drunk then you are asking for big trouble.

The original tenancy may only be for 6 months, but afterwards it becomes a Periodic Tenancy by default, which cannot be ended without a tenants consent unless a County Court Order is obtained by the landlord first.

That is why the Deeds of Guarantee are also written to avoid expiration at the end of the initial "Fixed" term.

Under the Prevention from Eviction Act 1977, a Landlord cannot legally evict a tenant, that you have signed to be a "Fine Upstanding Citizen", without a County Court Order + Another Court process with a Bailiff or High Court Enforcement Officer getting involved.

That's a minimum time scale of about 5 months, if the landlord is lucky and it costs a lot of money.

Most Guarantors that I have come across have been only too happy to offload their cretinous offspring onto my business and then start whinging when I hold them to account for their foolish actions.

Why should a Landlord have to give up LEGAL POSSESSION of a property worth £100,000 + to a spoilt, cretinous carpet pisser that a guarantor has vouched to be a Fine Upstanding Citizen?

If the people on here that complain about being held to account think about what happens.

1. You want to get rid of a "Knob head" and agree to be their "Guarantor"

2. They immediately behave like they have always done and breach a signed contract.

3. The Landlord asks them to modify their behaviour and copies you into the letter and you sit on your fat arse and do nothing to help the situation.

or you are 'Mortified' at what sweet Maisey or Elliot now get up to on a Friday night
(They were such sweet babies in their prams weren't they?)

4. The landlord invoices you to the value of your "Knob Head's" stupidity.

5. You look for the "Get Out Clauses" - there aren't any!

6. The landlord wants his property back, but he now has to obtain a County Court Order.

7. The total so far will be at least a couple of Thousand Quids, but hey lets blame the landlord, I means its their fault for not being a mind reader and feeling the tenants head bumps isn't it?

Well no quite frankly it isn't.

Its the Guarantors fault for not being honest or not being truthful.

If landlords could just evict in 7 days, it would be wonderful, but we can't, it was made illegal decades ago.

So to summarise:

If the person you are about to become a ‘Guarantor’ for, is in your opinion a fine upstanding citizen, that you can trust, hopefully, you should not have any problems about signing the deed of guarantee.

If however, they have a track record of bad credit, anti-social behaviour, drug abuse or have ”Friends from Hell”, who will make our neighbours cringe, if you sign the document, you may later be held to account for your actions, should things go wrong, with the tenancy, in the future.

Let them stay effin homeless, housing is a precious commodity, good Landlords and properties are precious as well, so please be careful what you sign up for.

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Sheena Xavier 9th June, 2017 @ 15:29

Very interesting
I wished I read this before

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Dianemacmillam 26th June, 2017 @ 11:06

Hi can anyone help my son signed as garentor for his sister 7 years ago he had to have a mortgage on a property she was renting since then he lost his job and was made bankrupt and had his home reporsesed .she moved out of her home last year and we have just found out that there is a ccj for £350 for a short fall in housing benefit she was paying whpt she thought was the right amount.they were unable to get in contact with him as he had moved .they could have got in contact with me as my daughter's landlord had my phone number and address but they never did.they only phoned me a month before to say her had check was ready to be done there was nothing to be done in the house as it was all decorated in the two weeks before she moved

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Elbee 26th June, 2017 @ 14:27

Dear Dianne
I am not sure I have quite understood your question. But It sounds like your daughter owes the landlord £350. It is her responsibility to pay this, but if she cannot or will not then your son is liable as guarantor. Depending on how the contract is written he may still be liable even though he has been declared bankrupt.

If your daughter is owed housing benefit money she needs to get that sorted out and pay the landlord what he is owed.

If you can clarify your question I will try to help further.
Regards

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Janet 28th June, 2017 @ 06:22

3 years ago Guarantor signs for couple to rent initial contract for 6 months. Rent all up to date. One tenant makes it impossible for main rent payer to remain and forces them to leave property. Main rent payer and guarantor inform estate agents. Is this now a different contract? Next months rent due in just over a week. Part of rent is paid by Housing benefit. How do main rent payer and guarantor stand?

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Elbee 28th June, 2017 @ 19:32

Janet, I doubt the main rent payer can escape the contract simply by moving out so will continue to be liable for rent until the tenancy contract comes to an end. Usually some notice would be needed. If the rent is not paid the guarantor will be liable - also until the tenancy ends. Note guarantor may also be liable for any damage to property. Estate agent should be able to clarify what needs to happen to end or change the tenancy agreement.

Good luck

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Amanda 28th June, 2017 @ 22:27

It appears that we have left comments on this blog which, was originally not intended for us. However, I am sad to read some of the various stories. I can only hope that someone who is considering become a guarantor researches it and find our comments.

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Lisa Morris 23rd July, 2017 @ 16:03

Hi I've lived in my rented property for 10yrs and my uncle is guarantor.the property was sold to a different landlord last year the only contract me and my uncle signed is the one when I first moved in, I have signed nothing since then. Is my uncle still classed as a guarantor for my property?

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Elbee 25th July, 2017 @ 15:25

Hi Lisa,
It will depend on the contract, but I think it likely that your uncle is still the guarantor. Suggest you seek legal advice if you have concerns. .

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Martin 15th August, 2017 @ 10:44

I have been asked by my daughter to be a tenant guarantor in a shared house, when she starts Uni. I am married, not to my daughters mother, and my wife is the owner of the house that we live in. If I am asked as guarantor to pay off any debts, will they be able to make my wife responsible for the same debts? More worryingly, will they be able to make her take a loan against the house she owns to pay the debt if i do not have the money? My wife wants nothing to do with the guarantor agreement.

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Elbee 15th August, 2017 @ 17:36

Martin
If you are 'just the lodger' in a house owned by your wife it seems unlikely that any claim can be made against the house or your wife. But you/she should get legal advice to check. It rings alarm bells that your wife has concerns about your being a guarantor. Make sure you know just what you are signing up for and that you understand the risks. It is not something you should do lightly.

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Susan 4th October, 2017 @ 01:26

I have been in my rented property for 5 years 6 month I got made redundant I am claiming universal credit which will not be sorted untill end of October as it takes six weeks my rent is now due my landlord is going to take my guarantor to court for rent money as I can’t pay it until my claim for universal credit comes through this is not fair it is not my fault

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Gary 4th October, 2017 @ 10:51

Susan,

Your so called friends wouldn't tell you this sort of thing, but your BEST friend would.

So here goes....

Your Landlord has a tenancy agreement with YOU!
Not the Local Council or Job Centre Plus.

Regardless of your situation, your guarantor has vouched for your credit worthiness.

ie: They have vouched that you will honour the agreement and if you won't, then they have legally promised that they would.

For a landlord to have got to the, "Take em to the cleaners", County Court stage, their payment requests must have been ignored by your guarantor, which is even more frustrating.

It means that the Deed of Guarantee signed, was a 'ruse' by your Guarantor to establish a tenancy without sufficient guarantees for the Landlord, because they won't meet the promise made in good faith.

That is a bloody piss take by both of you.

Universal Credit offers a forward payment scheme for those in hardship, that means you should always apply for it, because you will always be in hardship, if you are on it.

You can't expect your landlord to bank roll the Universal Credit System, for Gods Sake.

Make some sort of contribution to your arrears, offer a bit of your time for money etc.

Don't just sit on your arse watching Jeremy Kyle, show your Landlord that you are sincere.

Stop trying to get out of your obligations and put some effort into making good the problem you have caused.

Yes, you have caused it, Universal Credit isn't at fault, its always been shite, its not breaking news, is it?

Google part-time cleaning jobs in your area, there is probably about 600 on Google that came on line since Monday.

I just did it for Wirral and there were 69,600 vacancies in 0.59 seconds.(Wow!)

Become an parcel driver,(98 vacancies) pizza parlour maid (32 vacancies), Care home operatives etc.

The pay is basic, basic, but it still helps you keep a roof over your head.

Once you hit 8 weeks arrears, your landlord can apply to a County Court for a MANDATORY eviction and a Money Order against your so called 'guarantor'.

So if you make a genuine effort, your landlord might be a bit more sympathetic.

Or you can just blame Universal Credit, like all the other contract breaching tenants that I deal with on a daily basis.

Universal Credit is designed to cause stress, that's the point! It was designed that way - you are supposed to be better off in work than outside of it.

It might only be £1.50 a week better off, but you cant spend a lifetime on it, so the sooner you are off it the Better.

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Isobel 11th November, 2017 @ 08:50

I have just agreed another year tenancy, starting December, which will mean 5 years in this property. I moved in after separating from my then husband, and the agents asked him to be guarantor, which he signed up to. I was OK with that, I could understand why, and neither of us complained about it. Since then, I have paid my rent in full and on time every single month, regardless of how strained my finances are. I have a F/T permanent job, the salary covers rent & bills, and I am happy where I live. I take good care of the property, and have done lots of work in the garden (which was a mess when I moved in) and carry out minor repairs myself. I get on with the neighbours, feel part of the wider community, and have every intention of staying here as long as possible. I am almost 60, now divorced, and believe I am a good tenant. So, when the agents mentioned they were asking my ex to sign a new guarantor agreement, I must admit I felt a bit miffed. Why do I still need one? Can I ask for this to be dropped now, given I have demonstrated a good track record and have never given either the agents or the landlady any cause for concern or complaint? I don't really want to have anything to do with my ex, and I'm sure he doesn't want to remain responsible for me (which I agree with!). Any advice very welcome.

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Elbee 12th November, 2017 @ 22:48

Susan, I am sorry to hear you have been made redundant. However, this is what your guarantor signed up for. I agree with the previous contributor that you should try to pay whatever you can towards the rent to avoid the guarantor having to pay. Presumably you got some redundancy pay, and it is wise to have at least 3 months salary in emergency savings to tide you over in just this kind of situation till the UC kicks in. Good Luck finding a new job. Keep your landlord and guarantor upto date with your situation. No one likes surprises.

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Elbee 12th November, 2017 @ 22:53

Isobel, glad to hear you have been a responsible tenant. It's worth asking your landlord if they'd be happy not to have a guarantor in the circumstances. Alternatives are to find another guarantor, or to pay a lump sum of rent in advance (6 months is usually acceptable). I do understand neither of these are easy but thought I'd point them out. Good luck.

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Pat 21st November, 2017 @ 20:20

Hi I went gaurentor for my niece for short stay private rent that was two years ago , now she's in difficulty she has three kids, she's not managed full rent but gives what she can for last few weeks , I was working then but now I'm retirired and in bad health how does this effect me , I won't renage on responsibility like my niece she's devestated it's got to this stage ex husband pays nothing towards kids , they are going to evict her in Jan any help please thank you ,,

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Amanda Jane Plummer- 21st November, 2017 @ 21:07

Hi Pat,

I am sorry to hear about the position you and your niece find yourselves in. Does your niece receive housing benefit? If not she could apply. Another thing is have either of you spoken to the landlord and tried to explain the situation? I assume it is a private landlord could your neice not speak to the council about any help and or housing that may be available? What about citizens advice? Has the landlord already approached you or been to court for an eviction order? These are things you need to think about. I really hope my suggestions gelp a little bit. Also, it might be an idea for your neice to contact child maintenance. Hopefully, they could have him pay directly into her account otherwise they charge but only if he will not pay and they have to take it from source.

Good luck

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Elbee 22nd November, 2017 @ 09:18

Dear Pat, I'm sorry to hear about your situation. As guarantor, you will be expected to pay any rent that your niece has not been able to cover. You may want to do that sooner rather than later to avoid the additional burden of going to court. Like Amanda, I suggest your niece investigates what benefits she's entitled to and contacts the child support agency to try and get some money out of the ex. I suspect that won't be a quick process though. It will be hard for your niece to find another private landlord if she has rent arrears so she will probably have throw herself on the mercy of the council. This is a horrible situation and you have my sympathy. Wishing you all the best, and I hope your health improves. Elbee

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stuart 22nd November, 2017 @ 21:38

Hi i have a twist to this, As a Guarantor who is assured that the tenant they are guaranteeing is good and will pay and we be an outstanding tenant. But what guarantees does the Guarantor have ? we all know things can go very wrong through no fault of their own redundancy, problems with benefits, ext. My main question is, Can the Guarantor draw up an agreement contact with the tenant that any cost incurred can be redeemed/recovered at a later date ?

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Amanda Jane Plummer- 22nd November, 2017 @ 22:33

Hi Stuart,

I know what you mean but that would be outside the tenancy and nothing to do with the landlord. I would imagine it could be done maybe even with a witness and / or a solicitor.It would also no doubt depend upon the relationship between the tenant and the guarantor. It might be a family member. In that case would you really like to keep to suca document and if for some reason you are not paid back would you be prepared to enforce it? Hope my reply helps but, of course I am not an expert but have done some contract law and been stung by a commercial landlord previously.

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