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Am I a Landlord or a Nanny Pt 2

My tenant, whom I previously told you about here, bless her cotton socks, is getting further into arrears. At first her mother, who is her Guarantor, ignored my letters, until she got one that stated that I would start legal process to recover the rent arrears, as well as evicting her daughter and grand kids.

That seemed to wake her up, and she finally decided to call. But her call was to tell me that she did stood guarantor for the house, and not for the rent. Now, I didn’t take the call, but when the message was passed on to me, I must admit I kinda wondered if I’d heard correctly.  I tried to work out exactly what she might have meant, but gave up.

She signed a deed of guarantee that states

The Guarantor(s) will indemnify the Landlord(s) in respect of any losses incurred by the Landlord(s) as a result of any breach of the terms of the Tenancy Agreement on the part of the Tenant(s).”

So, how clear is that statement? No fudge, right?  At least she can’t tell me she couldn’t read or understand what she was signing, but then everything is ok until the crap hits the fan. Then its a “blame” game. Tenant does not pay full rent, means tenant is in breach of terms of the Assured Shorthold Tenancy agreement. Meaning the Landlord can look to the Guarantor to pay the bill, as the Guarantor promised to do when they signed the Deed of Guarantee.

Anyways, I finally managed to speak with the Guarantor today, and when I asked when she intended to pay up, she gave me some cock and bull story about not being able to afford it and could she pay in installments. I asked what the proposed installment plan was, and I had to stop myself from laughing when she told me. NO, I won’t insult you either by telling you. I told her the proposal was unacceptable, and that we’ll meet in court, and rang off.

Then about an hour later, I called my tenant and asked her when she intended to pay up her arrears, and she came right back and said her mum had made a proposal and that was that. The amount being proposed won’t even cover the top up going forward, let along make any inroads into the arrears. Anyway, I told my tenant that the proposal was unacceptable and she said “my mum has been to see a solicitor, and the solicitor said you can’t refuse to accept an offer made to you“. I do love it when they say they’ve been to solicitors… its like a red rag to bull, particularly when I know the paperwork is water tight. I kept hold of my temper, and very nicely told my dear tenant, to shove their offer up somewhere else, and that I’d see them both in court. I also told her to tell the nice solicitor who gave the advice to act for her mum when it does come to court – she ain’t got a leg to stand on!! I will collect every single penny.

Oh, and when I asked her when she was moving out, she replied “as soon as possible“. Eh, excuse me… when exactly? “well, I don’t know, I’m waiting for the council to find me somewhere else“.  I wasn’t surprised by it, I know the drill and had already concluded that I’d have to play the game again.  So I’ve got a form N5B to send in this week, plus spend another £150 that I am not going to get back. As if I needed more paperwork!! When will governments realise that we are not charities and get their fingers out and pass laws that will mean we get justice!! Oh, I forget, there’s no such thing as justice when it comes to matters of law….

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    3 Responses

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    1. JAKOB says

      But surely you will get it back if the guaranty is watertight.
      Did you need a Deed for an AST.

    2. Deebs says

      Wow! Glad I’m not your tenant. What a thoroughly unsympathetic individual you are. You even seem to take great delight in the prospect of making a mother and her children homeless. Nice….

    3. Grumpy says

      If you run a business, which i see you do, then you know that ultimately sympathy does not pay the bills or the salary of your employees. Sympathy has a limit, and this particular tenant had exhausted her share. Walk just a week in my shoes, before making such judgements. good luck with your business which I’m sure you don’t run on sympathy :-)

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