Guarantor liability questions post tenancy ending?

Guarantor liability questions post tenancy ending?

13:20 PM, 13th February 2023, About A year ago 32

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Hi everyone, I am a guarantor on a 3-year AST ending this month, I would like to understand my liability after the contract ends.

Unfortunately, the tenant has accumulated arrears and stopped paying in the last 6 months and also stopped any contact with the landlord and the agency. When I asked the tenant about the reason for stopping the payments, he mentioned he had issues with the flat repairs but didn’t have any written proof of complaint. Also, he didn’t allow the landlord to do the mandatory safety repairs. He even changed the locks on the property, breaching the contract.

The landlord has served notices 21 and 8 and I have some concerns regarding my liability after the contract ends.

According to the contract, I am liable even if the contract becomes a period tenancy.

I have asked the landlord to end my liability after the contract ends but he didn’t agree.

If the landlord continues with court proceedings against the tenant, as a guarantor am I liable for the solicitor and court costs against the tenant as well?

How long could the eviction take?

What would be the easiest way to evict the tenant, if the arrears are paid or if there is a claim for arrears as well?

Any advice would be helpful for me in this situation.

Many thanks,

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1:27 AM, 14th February 2023, About A year ago

You have the same liability as the tenant, that is what being a Guarantor means. This would include any court costs incurred should your tenant lose. The landlord won't end a contract until the tenant moves out and pays what he owes.
There will be costs taken out of the tenant deposit for changing the locks and as for how long an eviction would take, probably 6-12 months in all.

Chris Bradley

11:14 AM, 14th February 2023, About A year ago

Maybe you should work with the tenant and landlord to resolve the issues as this could be costly for you if the tenant has breached his tenancy terms.

David Houghton

11:15 AM, 14th February 2023, About A year ago

If you have a good relationship with the tenant, can you help the two parties reach agreement


11:16 AM, 14th February 2023, About A year ago

The best thing you can do to mitigate your liabilities is to persuade the tenant to vacate the premises and then clear the tenant's debts. Then you can pursue the tenant for your costs. If you leave it to the tenant and landlord, your liabilities will just accumulate.

It was a bit naive of you to expect the landlord to end your liability. Almost as naive as an ex-tenant of mine asking me to be guarantor to his next rental.


11:37 AM, 14th February 2023, About A year ago

Reply to the comment left by Smartermind at 14/02/2023 - 11:16
Thank you for your suggestion, this is what I inteded to do, pay the debt and end this unfortunate situation. But the tenant is not replying to any of our messages or e-mails and shows no intention to leave.
He claims to be suffering from depression and pretends not to understand that he needs to pay the rent or even leave the flat despite the notices being sent to him. He feels entitled to live their because he claims the landlord hasn't done flat repairs but doesn't have any proof of this.

Any accelerated procedure for eviction?

Tim Jones

12:22 PM, 14th February 2023, About A year ago

A few years ago I was in a similar position - for my foster son ( despite knowing he was useless with money is seamed a good idea ish at the time ) but during Covid he stopped paying rent etc - I managed to get him to leave after about a month and leave it in an ok condition- but I felt slightly out of control with the meter running! I did speak to the managing agent a fair bit to navigate a way through ( I think I managed to negotiate a month off and I didn’t have to shell out )

I don’t think I would do it again

Tim Jones

12:27 PM, 14th February 2023, About A year ago

Reply to the comment left by Marius at 14/02/2023 - 11:37
I don’t know your relationship with this person but say what ever you have to to get them to leave ( ie offer to move in with you -pay for a hotel for a week or so - I did this even though I didn’t want that to happen )

I think it depends on how large bill you are happy to pay - personally I was keen to minimise it


12:39 PM, 14th February 2023, About A year ago

Good luck getting this resolved, it is such a shame when rogue renters let you down in this way after you have been so kind as to act as guarantor for them.

We had one recently where a mother acted as guarantor for her son. Luckily in our case the mother very quickly sorted out her son and resolved the situation.

To be honest, I'm seeing more and more PropCo owners seeking guarantors, even where the renter passes full referencing just to protect their position which I fully understand with the current climate and biased legislation.

David Houghton

15:38 PM, 14th February 2023, About A year ago

Reply to the comment left by Marius at 14/02/2023 - 11:37
Is he on benefits. The landlord can get his universal credit paid direct to him. Does he know?


17:44 PM, 14th February 2023, About A year ago

Thanks for letting me know, this is really useful. As far as I know he is not on benefits, struggling to pay other debts (income taxes).

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