UK Landlord Forum / Life

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- okay
- okay
- ...
- err, there's no such a thing as "their tenant's arrears". If the students are joint tenant with joint and several liability on one tenancy, then they are liable for all of the rent.

- ...
- for what, and against whom? 

The guarantee is irrelevant, since it's presumingly to the landlord and not the other joint tenant. You are are together liable for the rent. If it's short, the landlord can sue any one or more of you for it, and/or the guarantors. You may have a (verbal) agreement with each other to split the rent/bills equally, but that's seperate to your liability to the landlord. It's up to the rest of you to sue the departed tenant for her share which she is not paying. Her guarantor have no liability to you.

You are all responsible for the rent,regardless.Legal ins and outs don't usually reflect what happens in real life.In therory the rest of you could take her or her guarantor to the small claims.If successful,you could lumber her with a CCJ if she refuses to pay.Guarantor agreements can make people think twice,but they are not worth the paper they are written on when it comes down to it.
What attitude has your landlord taken? If everyone is agreeable, find another suitable tenant asap.or accept the person she finds. Can a stranger be so bad,you approved this person and she has let you down. 

Quote from: heavykarma on November 25, 2020, 11:13:58 AM
You are all responsible for the rent,regardless.Legal ins and outs don't usually reflect what happens in real life.In therory the rest of you could take her or her guarantor to the small claims.If successful,you could lumber her with a CCJ if she refuses to pay.Guarantor agreements can make people think twice,but they are not worth the paper they are written on when it comes down to it.
What attitude has your landlord taken? If everyone is agreeable, find another suitable tenant asap.or accept the person she finds. Can a stranger be so bad,you approved this person and she has let you down.

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Quote from: heavykarma on November 25, 2020, 11:13:58 AM
What attitude has your landlord taken? If everyone is agreeable, find another suitable tenant asap.or accept the person she finds. Can a stranger be so bad,you approved this person and she has let you down.

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I never take on tenants who need a guarantor,and I doubt if many landlords on here accept them.If someone is asked to be a guarantor they should ideally take it seriously,consider the possible implications to themselves,and if they are not prepared to cough up if it comes down to it,refuse to sign.In reality,very few guarantors honour the agreement.Some will do for a month or two in my experience,then plead illness,unemployment.You need to concentrate on getting someone else in,and in the meantime ask your own guarantors to make up the deficit.Good luck with that.

Quote from: heavykarma on November 25, 2020, 11:44:57 AM
I never take on tenants who need a guarantor,and I doubt if many landlords on here accept them.If someone is asked to be a guarantor they should ideally take it seriously,consider the possible implications to themselves,and if they are not prepared to cough up if it comes down to it,refuse to sign.In reality,very few guarantors honour the agreement.Some will do for a month or two in my experience,then plead illness,unemployment.You need to concentrate on getting someone else in,and in the meantime ask your own guarantors to make up the deficit.Good luck with that.

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Quote from: Aloha on November 25, 2020, 11:53:44 AM
Thanks for this. I hadn't realised that guarantor agreements were so ... weak? I had thought it being a legally binding contract, that it would easily be enforced by the landlord. You're saying we should not rely on it at all

In theory they're great: you've got a signed and witnessed deed from somebody with suitably deep pockets agreeing more-or-less unconditionally to pay. In practice, it can be a right old ballache getting the blighters to cough the dough.

Your landlord isn't legally obliged to re-let the room and, as you're jointly liable, can pursue any or all of you for the missing rent. Normally he could pursue your guarantors as well, but that would depend on the limitation you mentioned in your guarantor agreements.

How many of you are there in the house? Might it be easiest just to split the remaining rent among you? I appreciate it's a big lump of money when you're penurious students, but it might be worth it just for the peace of mind.

Quote from: Simon Pambin on November 25, 2020, 01:14:38 PM

Quote from: Aloha on November 25, 2020, 11:53:44 AM
Thanks for this. I hadn't realised that guarantor agreements were so ... weak? I had thought it being a legally binding contract, that it would easily be enforced by the landlord. You're saying we should not rely on it at all

In theory they're great: you've got a signed and witnessed deed from somebody with suitably deep pockets agreeing more-or-less unconditionally to pay. In practice, it can be a right old ballache getting the blighters to cough the dough.

Your landlord isn't legally obliged to re-let the room and, as you're jointly liable, can pursue any or all of you for the missing rent. Normally he could pursue your guarantors as well, but that would depend on the limitation you mentioned in your guarantor agreements.

How many of you are there in the house? Might it be easiest just to split the remaining rent among you? I appreciate it's a big lump of money when you're penurious students, but it might be worth it just for the peace of mind.

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I don't know when this all happened,but until you tell the landlord he cannot decide if he is going to pursue anyone. Did the other tenant give correct notice according to the contract,or just go off? What are her arrears so far?