My tenant is in their third shorthold tenancy agreement - she chose this option after the end of each six month agreement, rather than moving to a periodic tenancy, which I would have been happy to do.
She has had a guarantor since the very first instance, as she was in maternity leave at the commencement. Whilst the rent has always been paid, it is regularly late and I am required to chase her each month.
I am becoming increasingly frustrated at this and when contacting her guarantor each time, he always apologises, chases her up and the rent is then paid. He is now saying he wants to be removed as a guarantor. What is the stance on this? Can I refuse or do I have no legal standing to insist he remains? What are my options moving forwards with my tenant and her guarantor?
Many thanks in advance for your help.
Guarantor remains the guarantor. It’s a significant responsibility that lasts for the duration of the tenancy.
Speak with tenant saying you require payment via standing order.
If you have issued new agreements then have you added guarantors each time otherwise they are no longer valid.
Do no release the guarantor you have as its getting the rent paid. I had the same problem and it gradually worsened until rent not paid at all and all contact closed off. The only way back was through the guarantor, the warnings are when the guarantor wants to leave the contract.
The same guarantor has remained in place for each tenancy agreement, but he now wants to “cut the apron strings” - I’m not happy as the rent is regularly paid late - albeit that it is always paid. Am I entitled to re-reference my tenant and do another affordability check to see if she now passes?
You cant compel the tenant to go through another credit check, but Im not sure what it would achieve anyway. As has been said above just decline to let the guarantor off the hook and stay on top of the situation. At some point you may need to consuder serving notice or suggesting that the guarantor encourages her to find somewhere cheaper and gives notice herself
Thanks David… my thinking behind another reference/affordability check is because her circumstances have changed since she first moved in - she was on maternity leave, but has now returned to work with a different employer and I am unaware if her new salary would/would not be sufficient for the rent - which has also increased since she moved in. If it does, then she would not a guarantor anyway.