Tenant Guarantor Agreement & Guide For Landlords

I have lived in the same private rented property for 2 years,I have always signed a 6 months contract with the letting agent,my dad agreed to be my guarantor when I first signed my contract,but now he wants to withdraw we have sent a letter to the letting agent but that have said its not as easy as that,but bearing in mind I have not signed a contract for at least 6 months as I am now doin month to month, so could you please advise me how my dad can get out of bein my guarantor thankyou

Hi there, jsut looking for a little advice.

I am the guarantor of a friend's mother. The tennancy agreement was for a year, and the rent has been put up without my knowledge. In both cases I have had no new paperwork to sign.

Today her estate agent called saying they are short on rent and saying I'd probbaly have to pay it if they didn't.

I've asked her to send me the original forms that i signed, because from what I've read here I am not legally bound to be the guarantor anymore due to 1, the rent increase and 2, the tennancy renewal? But she said that I didn't sign for a fix term, I signed for period of residency.

hi my mother has been renting with her partner for the last 11 months of an 18 month contract, her partner is now decided to move out, will he still have to pay his half of rent? as he is on the lease and sighned the paperwork.

I am a DSS tenant and i want to move to Manchester,where my son is.
We have no problem with the bond and rent but i am 58 and no idea who could be a guarantor for me my son is with an IVA so he can't, this is the only thing stopping me.
I do not have any rent arrears or outstanding bills everything is paid to date, my current landlady will give a good reference for meand so will a previous one. What can I do

My guarantor has signed a guarantor form 3 years ago but there isn't any date about the period of a tenancy. Which it was 6 month. After that we have signed only 2 contract but our guarantor hasn't signed anything since. Some people said that because there isn't any date to state the period of tenancy he will be liable as my guarantor till I am in this flat. Can you please tell me if he is or not?

Thank you.

hi i own my home with my boyfriend and a yr ago we were put on the spot to become hi brither an gurlfriends gyrantor as they had a baby on the way and literally NOBODY else met criteria to be able to be gurantir, so we have acted as gyrantor for the forseeable future really! Now his sister, a yr on from
This has asked the same of us as she has found herself in the exact same situation! I dont want to do it as i feel acting as gurantor for one is risky enough never mind a second one, where do u draw the line? Will his final brother come to us next yr too? My partner feels he has to say yes as she has nowhere to live and seriously has nobody else she can ask! Basically i want to know, are you actualky physically allowed to act as a gurantor for more than one person at the time or is there a limit?! Thanks becks

I need advice - I helped out a friend last year and became guarantor for 6 months this ended in June 2011 - she recently had an eviction notice which she ignored & the landlord did not want to spent £1000 to take her to court.. I no longer speak to her and I am currently trying to get out of the contract but the letting agent states that in the guarentour agreement it states that you are liable for
all the time she is in the property it is not possible unless she leaves in the case of any extended, renewed or regranted tenancy.

How can I get out this agreement - how can a letting agent do this - am I tied in until she leaves

Thanks
Dee

If the guarantor deed was witnessed & signed by the letting agent, does that mean the deed is infective as it need to be someone not relating to the tenancy

i signed to be a guarantor for my daughter and her partner a year ago and i have just found out that my daughter has come off of the tenancy and that her partner has signed a new year tenancy on his own as the year was up and a new agreement had to be signed. i have not seen the new agreement or signed any new paperwork so does this mean i am no longer the guarantor as i did not see the new paperwork or sign so i have no idea what i would be agreeing to.please would you advise me as to what i should do? should i write to the agent that did the new agreement to get it in writing?

hello im in desperate need of help!

I moved into a flat last september with a friend, my dad acted as my guarantor and my friends mother failed the credit check, but they let us move in anyway. Cut a long story short she got us kicked out by not paying rent...I let the estate agents know it was her, as did she and they haven't bothered me or my father since. (March 2011) Then suddenly yesterday (December 2011) the actual landlord, not the agents, sent my dad a final demand for the money.

I'm guessing this is due to her ignoring their demands so they'll try to get it off him now? But the tenancy was terminated on eviction and they didn't ask for anything at the time and also told me he was not liable and she was, also the guarantor form was not witnessed and wasn't signed in person by my father. I also have a suspicion they do not have her home address.

What should we do?

Cheers, Ben.

I would check with a solicitor

Ben, If your Father hasnt signed, then there is nothing for him to worry about (I assume he hasnt given anyone power of attorney).

Who are you supposed to use as an 'independent' witness? If it's supposed to be independent then I can't use a friend or member of my family and I assume the same goes for the tenant. I'm not using a letting agency so can't use them. Is the only option to pay a solicitor? Seems a bit much.

im a guarantor for a family member, who has fallen onto hard ti mes,they are now being paid by beneifits and are in £400 arrears, ive asked the estate agent and given them 4 weeks notice of my termenation of gaurantor, the estate agency say i cant have my name removed because they are in arrears, how do i cancle this,

Hello Steven,

I have not got sight of your guarantor agreement but I very much doubt you can cancel your guarantorship at this time.

The whole point of being a guarantor is to be prepared to fund the rent-debt of the person you are willing to personally guarantee.

It's a bit like making a promise and then not breaking the promise.

No in fact, it's not a bit like it. It's exactly like it.

This may sound harsh but you should not make promises you are not prepared to keep. Be a man; pay up if you have to and sort the the debt within the family.

Hello - I have been paying £50 per month for just over a years, towards the rent arrears in my previous property. The landlord has always been fine about this, until my partner (who was on the tenancy with me) left me with our two young children. I have always been honest with the landlord, and I explained that I couldn't afford the £50 per month on my income and we agreed on £20 per month. This was my debt, and I want to clear it without the guarantor (my Mother) being involved. All has been fine, I have been paying through the original letting agent as I felt more comfortable doing this. However, she decided last week to go to her solicitor to seek money from the guarantor if I couldn't pay and more a month. Seeing as I have paid over £1000 off this debt, and the remainder stands at £380, I was a bit miffed. We have agreed on an arrangement of £30 per month, plus I've got to pay her solicitors fee. I want to still pay the letting agent, not her. I get harrassed with up to 4 emails per day from her sometimes, and I just don't want to have to deal with her. I am worried about not having another party involved as a 'backup' as she wants me to pay her directly. She says she has the power to commence court proceedings if a payment is late (which they never are!) but she seems to be able to make her own rules up and I am worried that she will commence proceedings, and I will be stuck. Her conditions of the £30 per month are that I pay her directly, I'm happy to pay, I just want to pay the agent. Am I within my rights to do this because of my concerns?

Stacey, It sounds like harrasment to me. Try giving the National Debtline a call 08088084000.

http://www.nationaldebtline.co.uk/agency_information.php

hiya there, i have aplied for a house with a guarantor, and the estete agent is asking for accounts beacause thier own there own shop.. should we have to provide this infomation.. as i didnt with my last agent??

I am moving back to Britain after being away for 5 years. I have plenty of Savings. However asking one of my Siblings to be a Guarantor will not go down too well. I am not a Skiver, both my parents are deceased, and inherited a share of the Will. I read the advice above, but if a Sibling becomes a guarantor, and 1 resident wrecks the place, the Guarantor ends up being responsible. This is one reason why I wouldn't share a house. However to me, there is no incentive to be a Guarantor. I am a British citizen and have signed up to yes2dss, but finding a Guarantor would be nigh impossible. In these hard times, who with any sense would commit to such an agreement ? As plenty of you have pointed out, you can have an agreement, but it is your word against the Landlord's.

My only other option is to use Savings instead of filing a DSS claim. But one family member bailing another out, is not an option. Times are getting harder, but taking on additional liabilities is not an attractive option, and who can blame them.

Hi if you rent from landlords are you allowed To keep animals I would like someone to let me know about this and also what happerns if you dont sign guarantour for someone are they able to stay where they want to please can you let me know assoon as possible please many thanks K J Jeffrey

Hi,
Coudl someone confirm is a ruantor can be hel liable for the amount owed in rent arrears if th eteant failed to pay the rent. The guarantor is not party to the tenancy agreement, my solicitor thinks i do not have any grounds to take legal actions against him and that the guarantee letter he signed is worth nothing because he's not signed the tenancy contract. Has someone had a similar problem to mine? the tenants owe me 8000£ in rent arrears, i go ta bailff appointment to evict them but they are student so it is unlikely that i'll get any penny back. hence my decision to sue the gurantor if possible.

Hi,can anyone help me?
I used to rent my house for myself and my five children,I have a friend who acted as guarantor,I have since been evicted due to rent arrears,I have paid these arrears but now I am told I owe £705 court costs,I have offered to make repayments for this but now they are saying they need to get an offer from my guarantor as well,are they in their rights to do this?
I thought a guarantor is only liable if the tenant doesn't pay up?
Any help would me gratefully received.
Thank you x

Hi I'm 17 years old, I want to rent a private rented flat 1 bed would I be elligible to do so? Please help!

I am a guarantor and would like you to please answer one question for me.Can the letting agent take money from my account for the tenant without consent and any warning

@Nicola,

The short answer is no, probably not.

Hi I currently live with my partner soon to be ex he supplied the guarentour and reckons after the six months is up im out of the flat can he do this surely the landlord knows im gud for the rent after six months?? Do I have a leg to stand on??

Firstly thank you so much for such an informative and amusing blog, loving your work!

Apologies if you've covered this elsewhere, but I have just purchased the guarantor Deed you recommend, and I was wondering about the clause I need to insert into the AST with regards to the deed? I'm assuming you do need to refer to it in the Agreement, even though it will not be signed by the guarantor because it is a Deed and not a triparte AST? I'm not sure on the legal phrasing and any advise would be appreciated.

Thanks!

Iagreed (stupidly in hindsight) to be guarantor for a family friend. I had no reason to suspect she would not pay as her rent is paid by Social Services. She moved out of the property - without giving notice and owes £860. The Letting Agents are pursuing me for the debt and threatening to put a charge on my property. Ive let my friend know, and she has contacted Letting Agent and offered £30 each month to pay off the debt - the won't accept it and are hounding me with emails to pay up or else. Since I signed the guarantor form my situation has changed significantly - I am in mortgage arrears, poor credit rating and earn significantly less than I did when I signed. Is there anything I can do? HELP

my sister in law's son, who has come to UK from India for a years Masters course on student visa,has now completed the course but says has visa till end Jan 2015. Since he now has to move out of university accommodation, he is planning to rent an accommodation and wants me to be the guarantor. obviously he is on student visa and of overseas origin. What are the potential problems of being guarantor in this situation and what are the points that I should clarify?

Do i have to give my work payrole details to the letting agency im a garantee for my grandaughter

hi
my landlord has a new agent and was wondering if the guarantor still stands from previous agent or do i have to find a new one as i dont want to ask previous guarantor? thanks

I am a guarantor for my stepson, who has got into arrears onhis rent. I have had a letter from the estate agent asking for £1,750 and telling me i will be liable for court costs if it goes to court.

on examining the contract, I notice that the address of the property he is renting is wrong, he was going to rent it, but it fell thru. he never lived at that property and the address he has been living at, where he has got into arrears was never put on the contract.

I believe that I am not liable - do you agree?

Does the Guarantor have to live in UK?I'm looking for house to rent and I'd like to ask my brother to be my guarantor, but he lives in Ireland. Is it possible?

I signed to be guarantor back in Oct 2012 for a period of 6 months therefore in April 2014 I believe the agreement was ended. However the tenant went onto a monthly agreement with the landlord who then sold the property, the new landlord is now contracting me saying I am guarantor and asking for rent arrears from me. I've explained I'm not the guarantor anymore however he is ignoring this and continues to ask for payment threatening court proceedings. I have not got the contract but could get a copy from the tenant but he has not got the guarantor agreement.the contract started that the period was for the 6 months till April 2014 and the agent confirmed verbally that I would only be required to guarantee for that 6 months. I noted that when this period came to an end I had no correspondence from the agent or landlord informing me of the end or that the contract was extended neither was I informed of the change of ownership. What is my position on this.I have bailed the tenant out a few times as an act of kindness as he is my son but my circumstances have changed and I'm no longer in full time employment and unable to bail him out any more.

Hi 2 years ago I lived in student accomadation however due to certain circumstances such as a maintanence man entering my room without giving 24 hours notice and my deposit not being put into a deposit scheme within 30'days I left. I was then never contacted by the student accomadation however a week ago my guarantor received a letter saying she had 7 days to pay £2095 that I owe for rent as I have refused to pay. I then contacted the solicitor and informed then that I had not received one letter or email of the accomadation asking for a payment. The solicitor then stated that letters had been sent to an address however the address he said I had never lived at . I then write an email to the solicitors asking them to reduce the debt by £800 ( as my deposit was £200) and I believe I have a potential claim of 3x this amount due to the deposit not being put into a deposit sheme within 30 days. I then also attached a budget plan and offered £50 pm to pay off the debt. This was 7 days and I still have not heard back . I am just wondering whether the solicitors can still proceed with court proceedings against my guarantor although I have made an offer

Hi Laura,

Solicitors tend to like to go in with all guns blazing in the hope that they can stampede you into giving in. After all, It costs buttons to send a shoutygram in the post, and it's not as if they're going to make themselves any more unpopular than they already are.

The other thing they tend to do is take ages to reply when it's their turn. I doubt they'll be rushing to court though, especially now that lines of communication are open. They'll probably go back to your erstwhile landlord with your offer and see how it goes from there.

In your defence, the landlord hasn't exactly been proactive in pursuing the arrears, given that he had the address of your guarantor and didn't bother to ask them at any point in the last two years whether the address he had for you was correct.

The amount in question also seems high, given the landlord's duty to mitigate his loss. He can't just make no effort to re-let the room and then claim the whole year's rent from you (although I appreciate mid-year lettings are harder with student accommodation). What is he actually claiming for?

I suppose you could try arguing that the landlord's failure to observe your right to quiet enjoyment effectively voided your rental agreement. It's not a defence I've come across and I doubt it would stand up, especially if it was only one incident, but it might be worth chucking it in there.

Hi Simon,

Thank you for your reply. Nor the solicitors or the landlord have provided a breakdown of costs. Also could I just ask do you know where I stand with the deposit not being put into the deposit scheme within the 30 days. I was also never provided a copy of the deposit scheme to sign

Hi Laura,

Assuming you were a shorthold tenant, then it's pretty clear-cut that the landlord is in breach of Section 213 of the Housing Act and, as such, you are entitled to the return of your deposit plus a sum equal to 1-3x the value of that deposit. Whether you'd get the full 3x if it went to court would depend on the facts of the case and how egregious the breach was regarded as being. Did the landlord just protect your deposit late, or not at all? What happened to the deposit when you left? Was this a one-off oversight or did the landlord habitually fail to protect his tenants' deposits? If you're still in touch with any of your former flatmates it might be worth asking them.

Bear in mind that you did enter into a contract when you started the tenancy, and, based on what you've said so far, you didn't meet your obligations under that contract so it's not unreasonable for the landlord to seek redress. (It is, after all, part of his livelihood).

However, that does not mean that he can evade his legal obligations with regard to the deposit or, indeed, that the amount he is seeking is reasonable or correct. It might be. It might not be. Without a breakdown of the figure we can't really say. One other thing about solicitors, though, is that they tend to start high.

Hi ,

I've spoke to several tenants and there deposits were also not protected on time. The building consisted of around 90 students so I'm assuming all deposits were putting into the scheme late. Before I left I also queried the manager about my deposit and why I had not received a document , as soon as I asked this she began to ask why I wanted to know this. I than rang the deposit sheme and asked which is when I was told it was put into the scheme three months after I paid my deposit. As soon as the manager found out I had rang she became quite angry and was saying she did not understand why I was ringing and that there was a document for me to sign in reception. Which I have luckily kept all original emails

I fully understand I signed the contract however as several other things happened in the student accomadation such as rooms being burgled, a girl being sexually assaulted and the incident when a man entered my room without permission (which I know another girl also left as a result of this) I no longer felt safe in the building. I did express my concerns to the manager of the building however her reply was simply there is no way out of the contract unless I found a student willing to take over my room.

I also don't understand why my guarantor was contacted with such a threatening letter. As if I had been contacted and told I had to pay I would of happily set up a payment plan. However like stated before they had sent letters to the wrong address and although they had my email address did not try to contact me on that.

Could I ask what's the average % that is made when making an offer of payment ? Both monthly or to pay the debt of completely ??

I hadn't appreciated it was a purpose-built block - I'd assumed it was the usual half dozen students crammed into an old terrace. With an operation on that scale they certainly couldn't plead ignorance of the deposit rules. It sounds like a monumental cockup on somebody's part.

It does seem odd that they took so long to make contact, even allowing for the fact that one of the addresses they were using is wrong. Maybe they've had a change of management or key personnel and the new person has spotted a load of old balances on the ledger and decided to pursue them. It may even be that they don't have any more detail than the total and somebody's contact details. Or maybe the other 89 tenants have sued them for failing to protect their deposits and they're suddenly a bit short of cash!

Have you spoken to your (former) Student Union at all? They might be interested to hear about the problems you had when you were there and the fact that the landlord is being a bit heavy-handed now. They carry a bit of clout when it comes to specialist student landlords and they may be in a position to mediate.

As to what a fair offer is, your guess is a good as mine, (or better, since you know what the rent was and how far through the year you left). See what they come up with to back that total of £2,095. If they can't show their workings, then it's easy to attack. If they do come up with something plausible, it should still be possible to knock a few bits off it. Do you happen to know whether the room was re-let?

Hi ,

I emailed to ask whether the room had been relet but the reply I got was that they are no longer dealing with the case and I should contact the solicitor. A friend who continued to live in the building believes my room was re-let however I have no Proof of this.

Hi,

I'm a Scottish student living in England, and over the past 5 years ive had trouble getting a guarantor as all my family are Scottish and the estate agencies often only accept guarantors living in England and Wales.

This only seams to be the case when I've rented through estate agents rather than directly through landlords.

I was just wondering if anyone could explain to me why people living in Scotland can't be a guarantor for a rental in England?

Hi there. We’ve been living in our place for the past 8 months and the landlord has just given us a new 1 year contract. But he’s given us a guarantor form to send back to him. Do we need this as we’ve already been living there 8 months and passed all checks etc when first contract was done through letting agents plus we’re both in our 30’s and earn quite a lot. Many thanks

I'm renting in the UK and need a guarantor, I'm from Ireland so all my family are back home, my sister and her husband will be my gaurantor, is this possible?

I stood as a guarantor for my niece on a property, unfortunately I have been made
redundant and no longer earn a salary required ie &30000 per year.

The wife of my last tenant wasn't working - no guarantor recommended by referencing agency. New tenants aren't married and her earnings are not enough - guarantor recommended by OpenRent. He's arguing that he passed referencing; is earning enough and will be paying the rent. I think they are having difficulty finding a family member who earns enough.
Is there another solution?

Hi I privately rented a property back in 2013 and lived there for 3 years. My mum was my Guarantor and signed a 6month contract, as did I, towards the last year I had alot of problems with work and fell I'll and struggled to pay the full rent on time. The council tried to help me but was never on time. I never signed a contract expect that very 1st one when I 1st moved in. There was alot of things wrong with the house and the landlord took forever to get things fixed. I was eventually evicted and taken to court with £3000 rent areas. I went to court twice and eventually went bankrupt wiping the debt clear. Well what I assumed was wiped clear as yesterday my mum got a letter through the post saying she is being taken to court to pay the £3000 arrears. Is this right will my mum have to pay this debt, she only signed a 6month contract and as not heard from the landlord since the day I moved in. Any help and advise would be great thank you.