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  1. #1

    Guarantor Problem...

    Hi, I was hoping someone could give me some advice.

    I am a guarantor for my older brother who has stopped paying his rent due to his house being unlivable for the past 3 months (they haven't paid for the last 3 months). The landlord came in last week and fixed it all up, and is now asking for the 3 months rent that they owe. My brother intends to go to court over the matter (he has all the photographic evidence and had the council in the assess the unlivable circumstances).

    As his guarantor I am contractually obliged to pay if he doesn't, he has told me if they lose in court, he will pay all of the fees and rent owed. He said I don't have to attend or be involved, I will just be a name on a paper.

    Can I feel safe in this promise? The landlord has already called me to ask if Im going to pay and I said no I support my brothers position.. can I expect harassment? letters? Will my credit rating be effected for being involved at all?

    Thank you in advance for any advise or links to information I can read about this matter..

  2. #2
    Your local Citizens Advice Bureau ought to be able to give you the guidance you need.

  3. #3
    Thank you, Im in Wales and he's in England, I assume I will have to call Englands to get relevant advice, and I wouldn't have specific details about the house condition or the landlords/other renters.. Do you think they would still give me the general advice I want (things to expect as a guarantor in this sort of situation)?

  4. #4
    If C.A.B. not practical, go to a solicitor and ask to speak to someone who deals in litigation over unpaid rents, etc.

    A fee will of course be chargeable, but may save you hassle and wrong-footing!

    Try in future to avoid being a guarantor, because it does make you the last-resort payer of debts, whatever the merits of the case!

    In this case, of course, you have some grounds for being unwilling to pay, but it may well involve litigation and the risk of court orders against you (and perhaps the knock-on affect on your credit status - make sure that if they are forced to back down, you insist that your credit rating is put back to how it should have been.)

  5. #5
    It really comes down the letting agreement and what/who caused the property to become uninhabitable.
    CAB will likely want a look at the contract to see, among other things, if there is a force majeure clause and if this is applicable.
    Ordinarily, the tenant would continue to pay rent but the landlord would provide, or pay for, alternative accommodation until the property was put back in order, so you might only be liable for the rent less the costs of temporary accommodation.
    Negotiation is usually better than litigation, as long as you don't say or do anything to adversely affect your case if it don't work out.


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