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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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Im guarantor for my daughter and shes not been paying the

Customer Question

I'm guarantor for my daughter and she's not been paying the rent I have paid the last five months I went into the letting agents 8 weeks ago and explained I can no longer afford to keep paying and asked them to start proceedings to get her out they said they would contact the landlady but they haven't saying she's difficult to get hold of and when I spoke to them again last week they said they will write to her I have also contacted a company called countrywide who act on the land lady's behalf and explained to them I can not afford the areas they suggested I went into the letting agents and tell them I can no longer afford to be the guarantor and they could remove me the lease was for 6 months but they have now put her on a month to month contract I haven't been givin any new agreements where do I stand I'm at the end of my teather I can't sleep and I'm constantly worried.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

does your daughter still live in the property?

JACUSTOMER-a3r9e2ui- : Yes
LondonlawyerJ :

Are you on taking terms wit her? if so why is she not paying the rent? Is there a written agreement signed by you as guarantor. The 6 month tenancy has expired what does the agreement say about your obligation at the end of the tenancy?

JACUSTOMER-a3r9e2ui- : We are not really on speaking terms when I broach the subject with her she says she can't pay it because they have stopped her benefits but this has been going on for over 4 months and I don't understand why her money wouldn't have been sorted by now it says I'm responsible util she leaves even if I die I am still obligated to pay
LondonlawyerJ :

Do you have a copy of the guarantee agreement. It may be limited to the length of the tenancy. Even if it is not then you can tell the Agent that you are going to stop paying the rent and expect them to bring proceedings against your daughter. If it was a 6 month tenancy then they have the ability to gain possession very quickly by giving 2 months notice and then starting accelerated possession proceedings against your daughter. You would be responsible for 2 months rent and possibly the costs of evicting your daughter. If they do not take this action then they have failed to minimise their losses and you should not be held responsible for their excess losses.

JACUSTOMER-a3r9e2ui- : I do have a copy of the agreement I had to wait six weeks for them to send it me as I asked for it when I went in and explained my situation I did tell them the lat time I went in that I would pay Aprils rent has this was the last month of the tenancy but would not pay any more and that they needed to start proceedings to evict my daughter I was thinking of putting it in writing saying I would repay any monies owed through an agreed payment plan with the landlady but only if they start proceedings right away and if they didn't then I feel my obligations are at an end
LondonlawyerJ :

That sounds like a very sensible approach.

JACUSTOMER-a3r9e2ui- : If they didn't start proceedings ware would I stand legally?
LondonlawyerJ :

Then they would have a first instance right to sue you for failure to act as a guarantor but you would have a defence to any losses claimed beyond 2-3 months rent + possession proceedings costs if they didn't take action against your daughter. That defence would be that the agents/landlord failed to mitigate their losses as described above. There would be a risk if they took proceedings and evicted your daughter but were then unable to relet the property that you would have further liability but this would depend on the terms of your guarantee and they would have had to to genuinely try to market and let the property.

JACUSTOMER-a3r9e2ui- : We were informed by the previous tenant that the property had been empty for six months prior to her moving in could this cause me a problem I have written three letters one to the letting agent one to the landlady and one to the company acting on brhalf of the landlady I have also kept copies I will be sending the letters out today
LondonlawyerJ :

OK. Check what the agreement says about this situation if anything because this is a contract law issue so the contract is the starting point for everything.