Guarantor liability questions post tenancy ending?
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,
Marius
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Member Since February 2023 - Comments: 14
5:48 PM, 14th February 2023, About 3 years ago
Reply to the comment left by KarenS at 14/02/2023 – 12:39
Thanks for your reply, it was indeed a bad idea to try to help.
I was promised to be removed from the tenancy in a month and it was presented to me as a mere issue with job documents not being available due to the tenant changing jobs, which I found later it was not true.
And unfortunately the tenant is completely outside of my control.
Member Since February 2023 - Comments: 14
5:50 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Pamthomp33 at 14/02/2023 – 01:27
Thanks for confirming this.
Member Since February 2023 - Comments: 14
5:51 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Chris Bradley at 14/02/2023 – 11:14
I am working with the landlord but the tenant refuse any contact with myself, the agency and the landlord.
Member Since October 2022 - Comments: 402
5:52 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Marius at 14/02/2023 – 17:44
There’s an upside to that. Although you are liable for his debts, you can recover your money by seizing his bank account,(if you know which bank and he has some money in there or get it deducted from his pay packet bit by bit at 8% interest. Neither way is particularly pleasant
Member Since February 2023 - Comments: 14
5:57 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Tim Jones at 14/02/2023 – 12:27Thank you, this seems to be an alternative to minimise the liability.I suppose this will be enforced by a court order as well? What if the tenant changes his account details?
Member Since February 2023 - Comments: 14
6:00 PM, 14th February 2023, About 3 years ago
Reply to the comment left by David Houghton at 14/02/2023 – 17:52
Thanks, this is something I was unware of, gives me some hope.
Member Since February 2023 - Comments: 14
6:05 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Marius at 14/02/2023 – 17:57
Sorry, the second part of the message was meant for another reply
Member Since February 2023 - Comments: 14
10:42 PM, 14th February 2023, About 3 years ago
Hi,
There is one additional information that I would like to mention. The landlord had to mount a firesafety door, but the tenant had changed locks and did not allow the contractor to enter the property and change the door, thus breaching the recomemdations of the London Fire Brigade. Would this be a strong enough reason to speed up the eviction procedures?
Thanks in advance,
Marius
Member Since October 2022 - Comments: 402
11:10 PM, 14th February 2023, About 3 years ago
Reply to the comment left by Marius at 14/02/2023 – 22:42
Not really, the quickest way to get eviction is s21 and accelerated proceedure. Circa 4 months from service of notice. The best I have had is 3 weeks but that did involve s 18. The joys of HMO’s.
Member Since August 2022 - Comments: 10
4:33 PM, 20th February 2023, About 3 years ago
In the past I have offered a problem tenant £1k cash to p_ss off and it worked. If they are short of cash waving a wad under their noses works well..