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Guarantor Overstepping Her Status.

Started by Topseyt, January 03, 2012, 01:37:56 PM

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Topseyt

I am in need of a little reassurance here please.  Apologies for asking questions to which the answers probably seem obvious (they are to me too, but I just need to check  ;)).

I have a tenant in one of my properties who has his mother as his guarantor.  Fine by us, all credit checks on both of them were fine, and so far all rent paid on time.  However, the guarantor (tenant's mother) is being very demanding, and trying to meddle in aspects of the tenancy, including trying to obtain a large reduction in her son's monthly rent in order to contribute to his electricity bills, which are humungous.

We have already pointed out to her that this will not be granted because under the terms of the tenancy we are NOT responsible for tenants' utility bills, so will be allowing NO rent reduction.  Surely a guarantor has no powers to make any official requests regarding the tenancy, let alone an outrageous one like that?  :o

propertyfag

Hi,

Yeah, totally ignore the Guarantor, she has no legal rights to demand anything from you.

Moreover, even if the tenant demanded for you to reduce the rent, you still have rights to refuse the request! If the tenant signed the Tenancy Agreement, and agreed to pay the set amount stipulated, then neither of them have a case!

Topseyt

#2
Thanks.  That was what we thought. 

The tenant has so far always seemed a pleasant young man to us, and so far no problems with the way he looks after the flat or his rent payments. 

It is just his mother's behaviour which is spoiling things.  I am fast getting the impression of a mum who cannot bring herself to let go of her darling boy (though he is 24 now).   ::) 

Anyway, hopefully us pointing out (in an email) her lesser status as guarantor, and drawing attention to relevant clauses in the tenancy saying we are not responsible for his electricity bills will have put her in her place.  :-\  Not holding my breath though.  She gives the impression of being the sort who always pops up again - so you get the calm before the storm.   ::)  Still, she can now stamp her feet as much as she likes.  Cloud cuckoo land and all of that.

Jeremy

Hi Topseyt

Propertyfag is 100% right.  But just a thought.  Do you know why he's got such high electricity bills.  Is that the normal bill level / consumption level for the property from previous tenants?

Are you sure he's not converted the attic into a mini home-grown canabis project?!  And all the extra 'leccy s going on that...

Topseyt

 ;D ;D

I like your thinking, Jeremy.  There is no attic though, as it is a one bedroom ground floor flat with all electric heating and cooking.  Unless he has tried to convert the airing cupboard.   ;D   

A little background.  The tenant is a young man with mild autism who has just moved out of home.  Interestingly, before he moved in, his mother let slip to us that whilst living at home with them he did tend to think nothing of returning from work and going through the house turning on all heating (and many other things too) at the slightest hint of any chill.   

He has just had a shocker of an electricity bill for £175 for one month.  His mum has cheekily tried to pin this onto us because we supplied a dehumidifier to keep a minor condensation problem at bay until we can afford, in the next few months, to replace the current single-glazed windows with proper double-glazing and frames which will have much better vents.  We think, however, that as his mother did let slip, he may well just be going through the flat regularly and turning on all heating (as he seems fixated with it) and maybe not equating cause and effect - i.e. turning all electric heaters on at once will mean huge bills.  We are refusing to get involved with his bills, and it is enshrined in clauses of the tenancy that tenants are responsible for those themselves anyway. 


Jeremy

Hello Topsyet,

Good resaerch on your tenant!  Yes, definately not your problem.  BTW: I'm really liking the fact you're replacing the window during a tenancy (with his OK re access, I assume).  That will make lots of goodwill with the tenant, as they know you'll be looking after them, not just taking the money to line your pocket.

Topseyt

Thanks again Jeremy.  I just needed to hear all the answers in order to know that the tenant's mother is being unreasonable and I am not going bonkers.   8)

Yes, we will, in all likelihood, be replacing the windows during the tenancy, thus avoiding an expensive void period. It is a ground floor flat so no need for scaffolding or anything, and only has six windows, so shouldn't take the right workmen very long.  That way, tenant & co also see that necessary work to maintain the property is ongoing.  These people have wanted us back there often enough with strings of requests (some reasonable, others less so), so I don't foresee an access problem.    ;D

Jeremy

Hi Topseyt: From the questions you've asked; comments you've made and advice you've offered to others I think you're a sane, snesible person.  Beleive in yourself!

Topseyt

Thank you Jeremy.   ;D   I have now decided it is the tenant and his mum who are bonkers, you will be pleased to hear.

You do come across all sorts in this business, when I think back over all the tenants we have had, and we have been in the lettings business to a greater or lesser degree for around 20 years now.  Never had one as demanding as this though, or with such a nerve.   :o