I'm guarantor for a tenant that trashed a house....
Discussion
For reasons not too relevant, I acted as guarantor on a 12 month lease of a house.
1 month ago the landlord contacted me because the tenant had not paid the rent. I've paid the rent and was told by the landlord they would not renew the lease when it comes up in three months as the person I am acting as guarantor for is a pretty useless tenant. Good call on their part and means I am probably going to have to pay the next two months as well but then be off the hook for rent. ( and the tenant homeless )
Heres where t's tricky-I've just discovered that the tenant is now being held in a psychiatric hospital having gone nuts and caused some damage to the property. So a few questions-if the damage exceeds the deposit, which it probably will, can the landlord sue me for the rest? The tenant is broke so they won't bother suing her.
And more urgently-if I inform the landlord, who does not know of the damage, is there anything they can do with regards getting control of their house back more quickly? The tenant is still being held in hospital under the mental health act so not going anywhere just yet-but ultimately will probably be discharged and allowed to go home and possibly do more damage before her actual eviction at the end of the lease in May.
1 month ago the landlord contacted me because the tenant had not paid the rent. I've paid the rent and was told by the landlord they would not renew the lease when it comes up in three months as the person I am acting as guarantor for is a pretty useless tenant. Good call on their part and means I am probably going to have to pay the next two months as well but then be off the hook for rent. ( and the tenant homeless )
Heres where t's tricky-I've just discovered that the tenant is now being held in a psychiatric hospital having gone nuts and caused some damage to the property. So a few questions-if the damage exceeds the deposit, which it probably will, can the landlord sue me for the rest? The tenant is broke so they won't bother suing her.
And more urgently-if I inform the landlord, who does not know of the damage, is there anything they can do with regards getting control of their house back more quickly? The tenant is still being held in hospital under the mental health act so not going anywhere just yet-but ultimately will probably be discharged and allowed to go home and possibly do more damage before her actual eviction at the end of the lease in May.
You say the Landlord does not know about the damage OP but if they know the rent isnt paid how can you be sure?
If you are sure they don't know (or their agent), is it repairable or cleanable? Can you DIY or even get a tradesman in? Bearing in mind you would probably need a proffessional clean at the end of tennancy to get a deposit back.
Finally, what's your driver now; minimising your financial exposure or providing the tennant with a fit place to live. If the former you may want to look into where you as Guarantor would stand if she squatted at the end of the tennancy.
If you are sure they don't know (or their agent), is it repairable or cleanable? Can you DIY or even get a tradesman in? Bearing in mind you would probably need a proffessional clean at the end of tennancy to get a deposit back.
Finally, what's your driver now; minimising your financial exposure or providing the tennant with a fit place to live. If the former you may want to look into where you as Guarantor would stand if she squatted at the end of the tennancy.
As you are liable I would try and make good the damage already done and make sure she can't get back in when released from hospital must be a clause allowing the landlord to end the lease early due to damage/destruction? Sounds like a very tricky situation for you (financially) but worse for your friend with the issues.
Good luck getting it sorted.
Good luck getting it sorted.
I know the landlord doesnt know as no one involved with the tenent would have told her.
My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
Tiggsy said:
I know the landlord doesnt know as no one involved with the tenent would have told her.
My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
Last bit is the trickiest in this conundrum getting access. If that weren't an issue you could do a deal with the landlord they get the house back early, you sort the damage through the tenancy deposit guys and you all live and learn. I imagine the landlord will want their house back pronto and will let you off a month or twos rent if this can happen. I know I would. My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
Vaud said:
Tiggsy said:
My objective is to reduce my losses - tenent can live under a bridge for all I care!
It's not legally relevant, but why are you guarantor for someone you care so little about?But now will never have custody of kids again - doubt will ever get much more than supervised visits if she's lucky.
BoRED S2upid said:
Last bit is the trickiest in this conundrum getting access. If that weren't an issue you could do a deal with the landlord they get the house back early, you sort the damage through the tenancy deposit guys and you all live and learn. I imagine the landlord will want their house back pronto and will let you off a month or twos rent if this can happen. I know I would.
I dont even have a key!Looking at the agreement - it does say that causing damage is a reason for landlord to end deal early - although I assume even then it means going via courts to evict and it may take months?
Google [bot] said:
I can't answer the liability question, but surely this is what landlord insurance is for?
I had a near £22k claim on my landlord insurance policy when my lovely tenant's wonderful boyfriend caused havoc in the house. They had split up and this was his way of making sure she (and their 3 kids) got evicted!! Anyhow, no real help to the OP other than saying that the insurance company were great and paid up for everything and there were no hoops for me to jump through other than making sure I had a crime reference number from the police in respect of the damage.
Tiggsy said:
I know the landlord doesnt know as no one involved with the tenent would have told her.
My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
is there any trusted intermediary who could get access to her keys... "just to check your post and bring it to you, etc... make sure all is ok..." ? My objective is to reduce my losses - tenent can live under a bridge for all I care!
How can I - or the landlord - get access to the house? She's the landlord and I'm the guarantor......but neither of us have the right to just go in and look at the place do we? And the tenent will be as difficult as possible....even from her hospital bed!
I doubt any party would really mind. (I mean landlord, her family or police)
Last bit of the AST:
Schedule 6
Relevant Sections of the Head Lease
Schedule 7
Guarantor
1.1.
In consideration for the Landlord granting the Tenant a tenancy of the Property, the Guarantor agrees to pay the Landlord and the Landlord’s Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay Rents or other monies lawfully due.
1.2.
The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this agreement for the full Term and until vacant possession is given to the Landlord.1.3.The Guarantor agrees to make payments lawfully due under clause 1.1 or 1.2 even after the Tenant has returned possession of the Property to the Landlord.
Signatures to the Agreement*DO NOT SIGN THIS AGREEMENT IF YOU DO NOT WANT TO BE BOUND BY IT*
Its then docu signed by me online.
In the case above with £22k damage - did no obligation fall on the tenement or her partner???
Schedule 6
Relevant Sections of the Head Lease
Schedule 7
Guarantor
1.1.
In consideration for the Landlord granting the Tenant a tenancy of the Property, the Guarantor agrees to pay the Landlord and the Landlord’s Agent for any reasonable losses suffered as a result of the Tenant failing to fulfil any of his obligations under this agreement or failing to pay Rents or other monies lawfully due.
1.2.
The Guarantor agrees to pay, on demand and in full, any overdue Rent or other monies lawfully due under this agreement for the full Term and until vacant possession is given to the Landlord.1.3.The Guarantor agrees to make payments lawfully due under clause 1.1 or 1.2 even after the Tenant has returned possession of the Property to the Landlord.
Signatures to the Agreement*DO NOT SIGN THIS AGREEMENT IF YOU DO NOT WANT TO BE BOUND BY IT*
Its then docu signed by me online.
In the case above with £22k damage - did no obligation fall on the tenement or her partner???
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