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What is the difference between Guarantor and Witness?

That my friends, is a valid question. You may laugh, but that’s what I got this morning.

One of our HMO tenants is in arrears. We chase for the payment, and she claims she’s left the bedsit!! She has an AST, signed by her and her Guarantor, and witnessed to boot. Tc & Cs are all in there, but she still doesn’t think she needs to give notice. If I’d asked her to leave in a moments notice, she’d be off to the Council like a shot and they, bless their red-tape keeping, do-gooding ways, will be on my back like a ton of bricks telling me about the illegality of my actions etc., and trying to teach me the housing law!! The hypocrites!! If they knew half as much of the housing law and the benefits law as they should, we won’t have three quarters of the problems that we do.

Anyway, my dear tenant then comes back with the idea that the guarantor, who incidentally is her mum, is not her guarantor at all and has never been her guarantor. That in fact the guarantor was someone who did some work for us ages ago, who witnessed her signature on the first AST she signed back in Jan/Feb 08 at a previous bedsit. Confused? Hmnn, I’d be too if I didn’t know better. I’d like to know what she’s on. It might help me with dealing with folk like her.

I have of course already written to the Council to tell them their customer is not paying the housing benefit …..

Then it turns out she still has her stuff in the bedsit, and of course still has possession of the keys to the building and to her bedsit. But according to her she’s left and doesn’t live there anymore!! Now, considering she never gave notice, nor informed our local staff that she was leaving or was checked out, and still has all the keys, if I went in with my key, turfed out her stuff and re-let the place, I could be done for illegal eviction. But as the tenant, she can claim to have left, and there’s nothing much I can do, AND if I want the place back, I have to spend more money, waste more time, lose more rent and apply to court for a possession order, or take the risk and change the locks, still leaving myself open to the charge of illegal eviction. The law stinks, doesn’t it? But we all know that. Law and Justice are not exactly the same thing.

And then it turns out her mum is still her guarantor anyway, as i already knew since I have the signed paperwork. surprise, surprise – not. And she’ll pay the arrears as she wants the daughter to keep the bedsit. Oh well, thanks for the generosity, dear guarantor, but, I already have you where it hurts – so says the Deed of Guarantee you signed.

Goodness knows where the girl is living at the mo … and I really don’t care. I just want them to show me the money, and whether they do it willingly or I have to go to court to get it, they will show me the money. That’s a promise – to them and to myself :twisted:

have a good week guys and gals. I can tell I will – having sent out what seems like hundreds of letters to our various errant tenants last thursday and friday, i expect a lot of calls this week ……. and I am looking forward to them.

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    Posted in Lettings and Management, Property, Tenant Behaviour.

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