rent problem with private landlord
i went guarantor for my brother 6 mths ago,he rents his home privately.he has lost his job last month,has no means of income,dhss are messing him about as he was overseas for 10 yrs previously b4 coming home,so he is either out on the street or he is thinking of changing the locks on the door so as landlord cannot evict him,and will wait untill dhss sort out his claim for housing benefit...can landlord come into his home and chuck him out without cour order? i am guarantor-will i now be liable for the payment of his rent and can landlord take his money from my account? my brother has absolutely nowhere to go or turn to and i see it is not his fault..he doesnt want to go down the road of changing locks unlss he has to,i feel for him and the landlord as its his rightfull home and someone else is living there free but wot can be done about a situation like this?
tatu Fri 21/11/08 20:47
To subscribe to this question you need to
sign in to the AnswerBank or register
if you are not already a member. All you need is a valid email address to register.
|
|
yes you will be liable for any unpaid rent - thats what guaruntor meansyou are guaranteeing the rent will be paid. What sort of tennancy agreement does he have? how much notice does he have to give? is it a 12 month agree ment? if so you will be liable for the rest of the 12 months unless the landlord can find someone else. If he can give notice it might be better for him to do so so that the local authority have to do something. if he is stilll there, you will just have to continue paying, im afraid
|
|
|
As bednobs has indicated,if your Brother (for whatever reason) cannot pay the rent,you(as Guarantor) MUST pay the rent owing,or eviction will be forthcoming.
However,the Landlord has to serve an eviction notice first,and if this is ignored go to court to have them confirm the eviction.
It would be much better if you paid the rent owing,well for your Brother at least.
|
|
|
PS:~
I am afraid that bednobs suggestion of giving notice in the hope that the Council might do something,is doomed to failure.
This is because the Council would say he had made himdelf "Intentionally Homeless",in other words there were ways he could have stayed on;their words/rules,not mine.
Sorry.
|
|
|
My solicitor advised me not to be guarantor for my daughter, a few years back. He said that a guarantor was a 'fool with a pen'. Really sorry to say that, I know you did it with the best intentions. It's rather like the Lloyds' names a few years back, when they found they would have to cough up money because the financial situation was so bad. They never expected to have to pay anything and, object though they did, they couldn't get out of it. I just hope that the tenancy agreement doesn't commit you for a long period. I also hope the Landlord is a reasonable man and takes the legal path, through the courts. Perhaps if you pay the rent for a month or two, the DHSS will sort things out. If the Landlord turns round and says he won't accept DHSS payments, perhaps that should put your brother in a stronger position to be rehoused. Sorry, I've not really got any knowledgeable advice. Just wanted to lend moral support for your worrying situation.
|
|
|
I think it is illegal for you or the landlord to change the locks. Why does no one ever consider the landlord. As landlords, we have to pay the mortgage and having bad tenants mean we get into financial difficulty too. Sorry, but if he couldn't afford to live in the property, he should not have moved in.
As others have said, as a Guarantor, you will be liable for unpaid rent and bills. When your brother eventually vacates the property, unpaid rental income maybe deducted from the deposit too.
|
|
|
Can't your brother move in with you or other family?
Hopefully he'll get another job very soon.
|
|
|
Question Author
thats a bit harsh velvet.....at the time he was employed....through no fault of his own he was made redundant !!! he could afford the rent at the time.
|
|
|
quick qusetion where does he live no street name just a city/town.
Go on the net and look up your local council, see if they have a housing advice line.
Failing that see if he can get a crisis loan to help pay the rent for a few weeks, he will have to pay it back but it is interest free.
But as the above have said you are liable for rent payments.
The odd thing is we private rent, and we did not need a guarantor, we were never asked for one.
The landlord does have rights to visit the premises but usually with notice to the tenant prior to there arrival so he/she are in.
Again, our landlord dose not have a full set of keys for our flat, but visits each Friday to collect rent.
Good luck but it does not seem good.
|
|
|
I just hope your brother will find a job rapidly and the problem is solved.
I'd be up front with the landlord and tell him the situation, that he's looking desperately for a job. I'm sure he must have a couple of months rent somewhere which might tie him over.
|
|
|
Its the Council not DHSS that deals with HB tell your Landlord that it is being processed and he should be happy. Also tell the Council to contact the landlord with updates. As a tenant you have rights too.
|
|
|
As a Landlord myself, I have been on the receiving end of Tenants who cannot pay the rent. It is a desperate situation and I don't want to lose what was my home or investment because the tenant is in dire straits.
But at the end of the day, this is why you have acted as Guarantor, in the event that something like this happens, you have full responsibility to pay up.
|
|
Internet Advertising | Credit Card | Mortgage Calculator | Credit Card Application | Online Loans
