Guarantor being billed for 1000s, please help!

[Scragend]

Hi - my friend helped his sister out 5 yrs ago by acting as guarantor to ensure that she could move her family of 5 kids out of a one bed flat and into a house. She has just left, and it turns out that the place is in a terrible state, banisters broken, kitchen really filthy, rubbish everywhere, doors hanging off hinges, toilet pan broken, etc etc.

She didn't tell him the state of the place before handing the keys back to the letting agent. The first he knew of the situation was when the agent rang him, saying it is one of the worst cases he has seen. To add insult to injury he has discovered that she is seriously in arrears with the gas company, by a number of years.

We don't know what rights he has, if any, as a guarantor liable to pay the costs of repair? Do the letting agency have to supply several quotes and proof of expense, or can they just go ahead and spend a fortune on updating the fixtures and fittings at his expense? We are really worried - he doesn't know where this cost is likely to end!

Is there anything he can do to mitigate the problem or does he just have to accept whatever extortionate bill arrives on his doormat? He is going to the house tomorrow to meet the agent; he is going to take some pics to try to protect himself against them charging him for more than like-for-like replacements (for example the carpets don't currently have underlay etc).

Is he liable for her gas arrears too (she has provided no forwarding address), or can he just inform them of her new address?

Sorry this has gone on a bit - we are really worried, it looks like it could be 1000s of pounds, and he is going to have to be paying this off for years!! Thanks in advance!

[daffy654]

He isn't liable for the gas arrears as long as the supply wasn't in his name,he should just inform the supplier of any forwarding address he has for her.
As for the state of the house...unfortunately he is responsible for that as he signed as guarantor,he can ask for a full inventory of the fixtures and fittings when the lady in question moved in to ensure that the agents are not just wanting to tart the place up at his expense,he can also ask for quotes for the work that needs doing I believe.

[Nosha123]

Nice sister eh! I should find out where she is and grass her up to the Gas people so they can hound her for their money!!! Disgusting behaviour! He'll never want to help out a friend or family member again now eh!!

[Eve]

It depends on what he actually signed up for, does he have a copy of the agreement or could he get one?

If he is lucky then it may be his liability is limited to rent arrears but it is more likely he is liable for everything the tenant is under the tenancy agreement.

Was there a deposit which could be brought into play as regards the damage?

The tenancy agreement give give a reference to the required standard of repair. Were any photos taken before or when she moved in to show the condition then?

As regards the gas, also check the tenancy agreement as some tenancies do have reference to payment of utilities giving the landlord or agents the power to withold sums from the deposit.