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Nicola-mod
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Category: Property Law
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I have acted as a guarantor and the tenant has not paid 2 months

Customer Question

I have acted as a guarantor and the tenant has not paid 2 months rent. it is a joint tenancy and my daughter lives there with my husband as her guarantor and she and the other 2 tenants have paid their rent in full. what can I do as ex tenant has been verbally abusive and physically threatening to the other tenants and they are too frightened to stay there and landlord refuses to change the locks to restrict his access. the ex tenant has also given the landlord notice in writing to leave the tenancy
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract is this please?
Customer: replied 2 years ago.

it is a joint tenancy taken out by 4 ex students who all have guarantors and initial lease is for 6 months which started on 1st Sept 2014. all but 1 have paid their rents on time each month

Expert:  Remus2004 replied 2 years ago.
is it entitled assured shorthold tenancy agreement ?
Customer: replied 2 years ago.

no I don't think so but how would we find out?

Expert:  Remus2004 replied 2 years ago.
It would be on the tenancy agreement that she signed.
It does change everything.
Customer: replied 2 years ago.

I have found a scan of it and yes it is

Customer: replied 2 years ago.

hi yes it is an assured shorthold tenancy

Expert:  Remus2004 replied 2 years ago.
Thanks.
Can you tell me the dates of it and is there a break clause?
Customer: replied 2 years ago.

From 1/9/2014 with a 6 month break clause

Expert:  Remus2004 replied 2 years ago.
Ok. That doesn't really help then.
They can all give notice at the breakclause point obviously but that is some four months away.
There is no action you can take about this as a guarantor.
In principle, there is an outside chance that the tenants may have a claim against the landlord for allowing the other tenant to continue in nuisancing activity. It depends really what exactly is happening. Generally speaking the landlord is not expected to mediate disputes between tenants.
Either way though, it doesn't release any tenant from their contractual obligations.
The reason the landlord hasn't accepted her notice is that it cannot be given verbally and also cannot be given at all on this contract until march 2015.
If the misbehaving tenant allows arrears to build up that you have to pay then you do have a claim against her as the guarantor.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

the landlord has accepted all their written notices to end the tenancy on Feb 28th 2015. is there no way I can ask the landlord to change the tenancy over to me from the tenant who has not paid and also hence demand the keys back from this person as I will now be paying the rent it seems until Feb 28th? regarding this person;s violent behaviour what do you suggest? should I advise my daughter to ring the police each time he behaves this way or should I suggest she takes out an injuction against him which includes not coming near the property? Will I have to wait until after Feb 28th to pursue him for the debt? many thanks

Expert:  Remus2004 replied 2 years ago.
No. In fact, he has no legal right to do that.
There is a way of seeking eviction of the tenant and turning over of the agreement to you but you have to go to court to do that and there is no real point now as it would not get into court before the notice expires.
She could seek an injunction excluding him. There will be cost in that and it may not succeed. Obviously courts are reluctant to put a person out of their home lightly.
Whether she calls the police is a matter for her. I must admit that I am always reluctant to suggest that. It depends on the level of the violence. For low level incidents it says as much about the accuser as it does about the accused so I wouldn't recommend it.
In terms of your claim, you can pursue him now but it is best to wait until the end of the agreement essentially because you will know how much is due to you and can sue for the full sum owed rather than suing now and then again at the end of the agreement.
Customer: replied 2 years ago.

I have decided not to pay for this tenants arrears or future rent. When the landlord eventually gets around to writing to me to demand the arrears for him and the rent due up to Feb 28th am I right in understanding that UK law states that I will be the one being pursued and the other tenants deposits will be safe and only the defaulter tenant will loose there's? Each of the 4 tenants have a different named guarantor and will continue to pay their rent on time up to the vacancy date of Feb 28th

I also understand the landlord will have to wait until this tenant is 3 months in arrears before she can act as he is claiming housing benefit but has not been passing this on to the landlord this may also complicate matters?

Expert:  Remus2004 replied 2 years ago.
Is she on housing benefit?
I'm happy to continue with this but please rate my answer.
Customer: replied 2 years ago.

no she and the other 2 tenants all work and we as individual parents provide the money for their rent every month

Expert:  Remus2004 replied 2 years ago.
I will opt out.
Customer: replied 2 years ago.

Sorry but I do not understand your response

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

please do as I need a response to my final query to your expert

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Thank you as so far i have received no new advice above what I have researched myself so rather unimpressed with service

Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.

I think it would be best to return my deposit as you have bee unable to help me with my enquiry. many thanks

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