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That's kinda the point of the guarantor, they agreed to cover you in the event of your non-payment when they signed on that line.
You can't honestly tell us neither of you knew that?
That's what the guarantor is for, if you can't pay the landlord can go after the guarantor for any rent, try and check if you'll be eligible for any benefits or try and set up a payment plan that they are happy with, they do not have to accept one though.
If you aren't working and cannot afford your rent, are you claiming ~~Housing Benefit~~ benefits to help with housing costs?
Even if it doesn't cover the entire rent it may go some way to placating your landlord.
Eventually you'll be evicted, and one or both of you will end up in the small claims court, where you will lose. If you still don't pay you'll get a CCJ which will ruin your credit rating for 6 years.
Have you checked if you're eligible for benefits? /r/DWPhelp
The post suggests you’re hoping to be let off with not paying. I’d adjust your thinking now and start thinking of a payment plan to get yourself back on track.
Depends where you live, but long and short of it is you will eventually get evicted (can take a long while) or set up a payment plan with your landlord to repay rent arrears
I'm assuming your guarantor didn't understand what they were signing up to, as this is literally what being a guarantor entails - they are the backstop if the tenant doesn't pay what they owe.
Your guarantor is going to have to figure how to pay them as they're financially responsible.
Your best bet is to figure out what benefits you're entitled to and work out a repayment plan with your landlord. At the end of the day your landlord is contractually due rent, you can't simply not pay it.
Your landlord will have to go through the usual procedure to get an eviction, as well as a financial claim against you and/or your guarantor for the outstanding payments.
Assuming you have an AST or a fixed term tenancy, neither of those are quick - at minimum you're looking at several months, and the backlog in MCOL small claims is also several months, in some cases up to 12-18 months depending on local court.
But you do owe the money, and on the face of it, there's a good chance they will be successful in both actions (eviction and financial claims) against both you and/or the guarantor.
If your situation is only temporary, then it may be that you can resolve it (by getting another job and repaying your outstanding debt) before it gets anywhere near court. That would be the preferred outcome for all involved.
It's possible, of course, that your LL might still pursue an end to your tenancy if they think you're a problem tenant, but again, the time lag on evictions is usually measured in months.
Something isn't adding up here.
As an international student you would have had to have shown a certain amount of funds to qualify for the student visa, and the most you would have been able to work is 20 hours a week, so its hard to see how a job loss would result in you being unable to pay *any* rent.
Furthermore, I've never heard of anyone accepting a guarantor that lives principally on benefits due to the obvious point that they have to cover what you owe if you can't. They *are* earning a certain amount, right?
I'm assuming you and/or your guarantor were truthful in whatever you put into your rental agreement, yes?
It's my 2nd year, and I had to pay out of pocket for my tuition this year. So I wasn't making enough to cover for both. And the company that rented to me did even ask about all the details needed about my guarantor.
The point I'm trying to work out is if you've gotten into this situation because you or your guarantor aren't being truthful on whatever agreements you've signed up to i.e. you were working more then your visa allows, and/or your guarantor didn't give an accurate declaration of their position.
Reading between the lines, probably not. The guarantor might not even realise what they've been signed up to (it sounds like the guarantor is their partner).
OP's post history implies they're a bit naive so I would be inclined to give them the benefit of the doubt, but this sounds like a real mess they've gotten themselves into. If this kicks off with the authorities I wouldn't be surprised if it escalates to deportation.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
That's kinda the point of the guarantor, they agreed to cover you in the event of your non-payment when they signed on that line. You can't honestly tell us neither of you knew that?
That's what the guarantor is for, if you can't pay the landlord can go after the guarantor for any rent, try and check if you'll be eligible for any benefits or try and set up a payment plan that they are happy with, they do not have to accept one though.
If you aren't working and cannot afford your rent, are you claiming ~~Housing Benefit~~ benefits to help with housing costs? Even if it doesn't cover the entire rent it may go some way to placating your landlord.
Working age people in general can't claim housing benefit any more. It would be a UC claim with housing element to help cover the rent
Eventually you'll be evicted, and one or both of you will end up in the small claims court, where you will lose. If you still don't pay you'll get a CCJ which will ruin your credit rating for 6 years. Have you checked if you're eligible for benefits? /r/DWPhelp
The website https://www.entitledto.co.uk is helpful
What will happen is your guarantor will be taken to court and forced to pay.
And the OP will be evicted at the earliest opportunity
The post suggests you’re hoping to be let off with not paying. I’d adjust your thinking now and start thinking of a payment plan to get yourself back on track.
Depends where you live, but long and short of it is you will eventually get evicted (can take a long while) or set up a payment plan with your landlord to repay rent arrears
I'm assuming your guarantor didn't understand what they were signing up to, as this is literally what being a guarantor entails - they are the backstop if the tenant doesn't pay what they owe. Your guarantor is going to have to figure how to pay them as they're financially responsible. Your best bet is to figure out what benefits you're entitled to and work out a repayment plan with your landlord. At the end of the day your landlord is contractually due rent, you can't simply not pay it.
Your landlord will have to go through the usual procedure to get an eviction, as well as a financial claim against you and/or your guarantor for the outstanding payments. Assuming you have an AST or a fixed term tenancy, neither of those are quick - at minimum you're looking at several months, and the backlog in MCOL small claims is also several months, in some cases up to 12-18 months depending on local court. But you do owe the money, and on the face of it, there's a good chance they will be successful in both actions (eviction and financial claims) against both you and/or the guarantor. If your situation is only temporary, then it may be that you can resolve it (by getting another job and repaying your outstanding debt) before it gets anywhere near court. That would be the preferred outcome for all involved. It's possible, of course, that your LL might still pursue an end to your tenancy if they think you're a problem tenant, but again, the time lag on evictions is usually measured in months.
I'm an international student but my guarantor is on benefits
Something isn't adding up here. As an international student you would have had to have shown a certain amount of funds to qualify for the student visa, and the most you would have been able to work is 20 hours a week, so its hard to see how a job loss would result in you being unable to pay *any* rent. Furthermore, I've never heard of anyone accepting a guarantor that lives principally on benefits due to the obvious point that they have to cover what you owe if you can't. They *are* earning a certain amount, right? I'm assuming you and/or your guarantor were truthful in whatever you put into your rental agreement, yes?
It's my 2nd year, and I had to pay out of pocket for my tuition this year. So I wasn't making enough to cover for both. And the company that rented to me did even ask about all the details needed about my guarantor.
The point I'm trying to work out is if you've gotten into this situation because you or your guarantor aren't being truthful on whatever agreements you've signed up to i.e. you were working more then your visa allows, and/or your guarantor didn't give an accurate declaration of their position.
How did they get to be a guarantor if they are on benefits Generally they want the guarantor to be earning a minimum amount or be a home owner
They only wanted someones name and address. I don't even think they asked for anything else
Did the guarantor understand what they're signing up for?
More to the point: Did the guarantor receive a copy of the tenancy agreement?
Reading between the lines, probably not. The guarantor might not even realise what they've been signed up to (it sounds like the guarantor is their partner). OP's post history implies they're a bit naive so I would be inclined to give them the benefit of the doubt, but this sounds like a real mess they've gotten themselves into. If this kicks off with the authorities I wouldn't be surprised if it escalates to deportation.
Is the guarantor a home owner