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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am guarantor for my granddaughter who is in receipt of DSS

Customer Question

I am guarantor for my granddaughter who is in receipt of DSS payments. Because these payments to her are always late she is always going into arrears and I have been paying. I now feel that I am guarantor to the DSS and not to my granddaughter. Do I have any legal rights against this?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.

 

I assume the guarantee is for your granddaughter's rent arrears. Please can you tell the me the nature of the tenancy agreement (assured shorthold tenancy?) and whether she is still in the term of the tenancy agreement or whether it has over-run.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
As far as I know her tenancy is a 6month review and yes she is still living in the house she has been there since November. I paid the deposit for her and first months rent for her to move in.
Expert:  Thomas replied 4 years ago.

Right. Unless you signed the guarantee under duress or the guarantee itself is unenforcebale because it is improperly executed (I assume it was signed/witnessed) then you will be bound by the guarantee.

 

The reason I asked about the length of the term is in case she contiunes to occupy the property once the fixed term has finished, if she does then you should check the guarantee to see if it lncludes any such rolling-over (it may not).

 

Were you to stop paying monies owed under the guarantee then the landlord would doubtless just sue you for the money and be successful.That's the point of a guarantee I'm afraid.

 

You will be bound until you are released by virtue of your granddaughter vacating the property with no monies being owed. If you daughter is not willing to terminate by using the break clause, then you could approach the landlord directly to see if he is willing to initiate the break clause so that you are released. If he says he won't because he can't be bothered to find another tenant for him then you may have to find a replacement tenant for him Landlord's frequestly use www.gumtree.com to find tenants and I can see no reason why you can't.

 

One further way of exerting pressure (though it is a longshot) is by checking to see if her deposit has been placed in a tenancy deposit scheme. If she is occupying on an assured shorthold tenancy then the landlord must put the deposit monies in to a tenancy deposit scheme within 14 days of receipt. All deposit under ASTs have to be placed in such a scheme and she can sue the landlord for the reutrn of the deposit and a fine of three times the amout of the deposit if it has not been placed in a TDS. Ask for details of the scheme in to which the deposit has been placed.

If it hasn't then you can either use it as leverage to get out of the gurantee. It must be frustrating, you have my sympathies.


If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

 

 

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6513
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.
I would llike to take this opportunity to thank you for your help in this matter. I have taken on board the remarks you made and will check all the paperwork you mentioned. I must also appoligies for the delay in answering as I was called away. Once again thank-you.
Expert:  Thomas replied 4 years ago.

You're welcome, thank you for the kind accept and good luck.

 

Tom

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