Tenant Guarantor Form

Michael wrote this on 2008-08-11 18:12:45 Hi, Moved to Leicester only 5 months ago and now about to move in a new house, sharing with a few mates. I am the only one working, and now the agency asked me to name a guarantor. As my parents are living in Germany, I am not sure who I should ask to sign the form? Is there an alternative?

Thx in advance
Michael 1

The Landlord wrote this on 2008-08-11 20:55:27 Hey Michael,

You can get anyone to be a guarantor as long as they're willing.

It's probably in your best interest to get a working family member, as landlords also have to agree to who you use as a guarantor.

Hope that helps.
Cheers 2

Kadium wrote this on 2008-08-28 21:06:40 Excellent site and tips
Thanks alot 3

Sara wrote this on 2008-09-03 21:05:07 Hi, looking to move out for first time and parents are refusing to be my guarantor(s). I've no-one else I can ask, what can I offer the landlord instead? 4

The Landlord wrote this on 2008-09-03 21:12:12 Hi Sara,

That's really dependant on the Landlord. There aren't any written rules. A lot of private landlords that don't use Letting agents don't require guarantors- it's just a case of finding one.

You could offer to pay for rental insurance. That would cost you an extra £100 per year (approximately), though. It's basically an insurance policy. So for example, if you fall behind on rent and need to be evicted, the insurance company will pay your rent to the landlord and pay for legal costs to get you evicted.

Some landlords may find that appealling, and prefer that over a guarantor (I know I would).

I hope that helps.
Kind regards. 5

ashley wrote this on 2008-09-17 13:36:29 can my guarentor sign himself up as my guarentor leagally by another way apart from physically signing the tenancy agreement, such as online? 6

The Landlord wrote this on 2008-09-17 14:13:33 Hey Ashley,

Your Guarantor actually needs to sign the Guarantor contract. Can't you just post it to him?

Kind regards 7

ashley wrote this on 2008-09-17 14:22:45 it is posted, but on the day of move in, or the days leading up to it i need somthing back quicker if they haven't sent it back already.

regards 8

Bill wrote this on 2008-09-29 09:08:01 When you sign to be a guarantor does the landlord have to provide a seperate form for this with the terms on it. If not is being a guarantor null and void. 9

The Landlord wrote this on 2008-09-29 10:30:04 Hey Bill,

Yes, the terms and conditions should be stipulated in the contract the Guarantor signs. As shown in the example form above, available to download. 10

Linz wrote this on 2008-10-09 07:16:17 I have agreed to act as a guarantor for my sister. The Landlord has requestd that a 'Guarantor Application' be completed, which is several pages long. The application means that the Landlord can carry out credit searches on me, the potential guarantor.
The application asks very personal questions, such as my annual salary, whether I'm single/divorced etc, bank/building society details, character references, employer references, work tel and fax numbers.
Whilst I am prepared to be a guarantor, surely it isn't necessary for the Landlord to know all this info?
There is also a 'Guarantee Agreement' - which is what I was expecting and am perfectly happy to sign - just not too happy about giving such personal info.
Thanks 11

The Landlord wrote this on 2008-10-09 15:26:09 Hey Linz,

The landlord seems extremely cautious. He/She is just making sure that if your sister fails to make payment, there's little chance you'll escape the net.

However, it's not "required" for the Landlord to obtain all those details. I've certainly not seen anything so elaborate. Ultimately, it is down to the Landlord on how strict he/she wants to be.

I personally wouldn't hand over my bank details.

Kind regards 12

sean ness wrote this on 2008-11-25 20:24:45 I have been asked for a guarantor. Does the person who becomes your guarantor need to give bank details to the landlord? 13

The Landlord wrote this on 2008-11-25 21:06:40 Hey Sean,

It's not required, but some Landlords may insist on it.

But they definitely don't need it to get a guarantor in place.

Kind regards 14

Alan wrote this on 2008-11-29 01:22:49 Is a Guarantor Agreement (such as the one here) legally enforceable if signed only by the guarantor with no witness, and transmitted electronically by fax or email ?

Would the original document be required to issue proceedings or would a photocopy be acceptable ?

Thanks.

Great site by the way ! 15

The Landlord wrote this on 2008-11-29 03:07:29 Hey Alan,
The Guarantor Agreement should be signed by a witness, otherwise the agreement holds little strength.

In fact, I don't think i've seen an agreement without the requirement of a signature from a witness.

Photocopy should be ok, but obviously having the original would be a much more of an ideal situation.

Many thanks 16

doug wrote this on 2008-12-04 20:49:28 I am currently guarantor for a tenancy agreement which, following a fixed term, in now periodic. Reading your comments, I wrote to the letting agency stating I was giving notice to terminate the guarantor agreement. They have written to say I cannot do this. Do you have any more details regarding the court case you mentioned which tested this?

Thanks

Ps Really informative site 17

The Landlord wrote this on 2008-12-04 21:00:28 Hey Doug,
It's a bit of a grey area, to be honest.

Many letting agents refuse to terminate the guarantor contract until the tenant moves out of the property. I used to think that was the only way.

However, I've read a court case where a guarantor opted out of the agreement during the periodic term. He was taken to court, but he won the case, because he gave writen warning and the tenant was in the periodic term.

I'll try to find out more on this issue.

Kind regards 18

tom wrote this on 2008-12-17 22:03:27 How about having Guarantors for tenants - if the sleezy landlord doesn't fix a problem in the house - then the so-called Guarantor will be responsible for repairs. 19

marjorie wills wrote this on 2009-01-10 18:46:05 hi
can a guarantor be used instead of referencing.
My mum said she will be a guarantor but i have rent arrears with previous landlord 20

The Landlord wrote this on 2009-01-11 13:59:46 Hey Marjorie,
That depends on the Landlord. A lot of landlords don't even bother checking references, so you may get away with having a bad tenancy history. However, a guarantor will definitely help get you tenancy. Neither reference checking or a guarantor is manditory, it's really down to the letting agent/landlord and if they want to take those factors into consideration.

Kind regards 21

laleye kolwols wrote this on 2009-02-27 08:32:41 thanks, you really are a live saver. keep up the good work. 22

Jon wrote this on 2009-03-10 11:03:58 Hi there
Great thread, I (hopefully) about to move into a property however this seems to be dependent on a guarantor form. The one that the agent has sent over is 1 page, very simple but very vague.

"...you will be responsible for making sure the XXXX keeps to all their responsibilities under the tenancy. If they do not, you will have to pay instead, not only any unpaid rent, but also any cost of repairing or putting right any problems caused to us by XXXX or their failure to keep to their responsibilities."

Any cost? Is this not just a license to print money?!
Thanks 23

Julie C wrote this on 2009-03-11 15:28:40 The obstacle I am continually faced with is the landlords or estate agents request for a guarantor who will sign that if I default on the rent he/she will make the payments. There is no reason why any housing benefit payments would not be made in my current circumstances and if there is a change for instance in that I obtain paid work then I will then arrange to pay the rent through my wages. As a tenant, it is extremely frustrating to be deprived from renting a property because of an external factor like a guarantor. It is ultimately down to the landlords own discretion. Because at the end of the day, the lack of guarantor isn’t really a reflection of how good or bad a tenant is.


As a victim of crime I have received no help and support from the system. In fact the perpetrators have been able to continue living in their homes unscathed while I have been reduced to living in appalling conditions. Due to the high rises in renting property and having no choice being out of paid work and representing myself in litigation I have been confined to seeking property’s at £300-£340 pcm (per calendar month) through housing benefit. The rents for most new houses/apartments are well above 400 pcm. There needs to be a reduction or capping on the rent increases and that certain standards ought to be met before any agencies and landlords are able to advertise a property on the market to let.

As a result of fleeing anti social behaviour I have been reduced to living in private rented accommodation. The current property is the subject of a housing disrepair claim. Two weeks after moving into the property I experienced problems with damp and mold. The current property is a short hold tenancy and the agent has served a notice seeking possession by 4th April 2009.


The point is not all landlords request a guarantor nor do all landlords request that those on housing benefit need a guarantor but most estate agents do and I have noticed that those that do have the properties on the market longer as they can not get any tenants. They must like losing rent with empty properties and leaving people like myself for the streets.

Renting is dead money and they are discriminating on the grounds of social status. When I can get back into paid work I will avoid any adverts that state -NO DHSS. I find myself emailing the agents that discriminate in this way if I can. One agency changed the advert to sorry no DHSS after my email on this point. The result is still the same though and if they were really sorry then they would not stipulate this condition on their advert.

My current and previous landlord did not request a guarantor and have benefited from my high standards.

Like I said in previous emails what about the 75,000 predicted to face repossession this year- where will they get a guarantor from?

My parents are homeowners but I would not ask them to act as guarantors. They did so for my sister with a loan on a car when she left school and they regretted it when she ran into difficulty keeping up with the payments and they said they would never do it again as she did not appreciate it. This is not the case with me as they know although I am not in contact with my parents now.

When I paid the rent this morning the lady in the bank agreed with me that housing benefit payments are more secure than relying on a salary therefore there is no justification for denying a place to live for those on housing benefit. It is simply not true that tenants can readily find a guarantor as the agency makes out this is not normally a problem however for people in my position-well this could happen to homeowners or anyone and were are they to obtain a guarantor I ask?

The point is the guarantor has to be in a position to pay and how many friends or family are in a position to do that?

These issue need to be looked into and addressed as those at the lower end of the housing market are being denied equal and affordable housing and reduced to homelessness and poor housing conditions because of restrictive and discriminatory rules.

Julie 24

Hercules wrote this on 2009-04-26 19:39:17 Guarantor Forms:

Do they have to be witnessed, does the AST have to be attached and a copy supplied to the guarantor. In the guarantor form being scrutinised it mentions that the letting particulars 'form part of this agreement' , snag is the neither tenant, nor the guarantor received these alleged letting particulars, to make things more strange the dates are wrong, G the guarantor signed without reading it, and later discovered it was made out for 10 months and not for 6 month's then becomes periodic. He thought he was signing for the 6 months initial tenancy period. Its made out or headed MAGPIE PROPERTIES Redlands, the letting agents, no office address, no agents addrwess, no tel number, no John Shah t/as Magpie Properties, just Magpie Properties Redlands, no written acceptance or witnesses, no landlords counter-signature/s or supoprting back up memos. It's mess, but whats the worst aspect of it legally. What would you choose to argue for it to be rescinded. An immigrant landlord and letting agent. 25

DAVID wrote this on 2009-06-14 20:44:32 Hi
Just set up a document stating you wish not to be a guarantor no longer,as it is in the periodic period now and has past the fixed period of the tenancy,sign it and send by recorded delivery. 26

DAVID wrote this on 2009-06-14 20:45:58 ps
Send it to the Estate agent and a copy to the landlord which ever. 27

Paul Harris wrote this on 2009-07-01 19:28:12 My wife acted as a guarantor for our daughter and her partner to obtain a rented property,mostly paid by the council and topped up by them each month. After 10 months they have left the property, the landlord has been on to us as they haven`t paid any of their top ups, the only money he has received is the council payments. Should he have made us aware of this before now? because he is asking us for the difference. Also if my daughter agrees to pay him so much per week is the guarantor agreement over?

Thanks for your time

Paul 28

Jools wrote this on 2009-07-02 08:56:55 If your daughter has not paid the top up's to date then it is unlikely that she will pay the rent per week - and frankly why should the landlord accept that? They have had the use of the property and are responsible for paying their part of the rent.

He has your wife as guarantor and as such she is legally responsible for the payments not made, irrespective of whether you/she was informed by the Landlord or not. The landlord has no responsibility to keep you informed of your daughters financial's and in fact could be deemed to be in breach of data protection laws if he told you - ie "how dare you tell my folks that I am late on my rent" etc. How would you feel if the roles were reversed?

Sorry - pony up the dough and abide by the guarantor agreement your wife signed - and then get your daughter to pay you/your wife back on a weekly basis.

Jools 29

clare wrote this on 2009-07-03 06:49:12 The person who was going to act as my rent guarantor has suddenly got cold feet. He says he's worried that it will affect any mortgage application (the amount he may be able to borrow) and will also show on any credit checks. I can't seem to find any information...does anybody know? 30

Jools wrote this on 2009-07-03 09:30:55 He is probably true about the mortgage application as he should declare it as a financial interest on the application - if he does not and the company find out at a later stage then he could be accused of obtaining a financial advantage by deception. If they choose to leave it off then it is at their own risk.

The Landlord would normally do a credit check on the guarantor to ensure their financial stability so it would probably show up as a search on the experion/equifax database. If you have a lot of these searches it may affect the sredit score of the person.

Hope this helps,


Jools 31

Jools wrote this on 2009-07-03 12:11:09 The Landlord will ususally do a credit check on the gurantor (nuts if they don't) and these checks will show on their experian/equifax credit files. The more check you have the greater the possibility of being rejected for credit - down to credit scoring apparently.

They should also declare on the mortgage form under the affordability section that they are a guarantor. If they don't and the mortgage company find out later then they could be prosecuted by the mortgage company for obtaining financial advantage by deception or maybe even fraud.

Hope this helps

Jools 32

emily king wrote this on 2009-07-12 21:23:40 I have recieved a tenancy aggreement to sign but the actual tenancy contract hasnt been attached.. Should i be concerned? Also, they sent my mum the guarantor agreement to sign ..without stating the proerty address, rent amount, tenancy agreement etc! On both agreements they want Bank acc number, sort code, N.I number, passport number, drivers licence number, employee number and all employer deatils!! Is this all a bit much? They said they wont accept the agreement unless all these details are given, which will means losing the deposit! Is their any type of law thats states a min amount of deatils is sufficent? 33

The Landlord wrote this on 2009-07-12 22:24:31 Hey Emily,
DO NOT sign the tenancy agreement without receiving and reading the contract first. I don't know if you're dealing with a letting agent or a private landlord, but you can't be expected to sign a contract without receiving the T&C's. That's ridiculous. You could end up signing your life away.

You probably should have requested to read the T&C's before handing over the deposit, to be honest.

From what i'm aware there isn't a law in place to stop landlords from asking for those details in the Guarantor. I've seen a few types of Guarantor forms- some that ask for the personal details you mentioned, and some that don't. 34

Jools wrote this on 2009-07-13 06:11:56 I Agree!

Do not sign ANYTHING unless you know what is in the document and what your liabilities are. You are opening yourself up to a whole world of hurt if you do!

Jools 35

Maz wrote this on 2009-07-13 17:08:31 Hey; I'm about to move into a houseshare with some people, and we signed a joint contract to move in starting July.

We have been unable to move in as one person is not able to sign a guarantor form eventhough we've all paid our rent in advance, and therefore they refuse to give us the keys to move in.

We are going to go see them again to see how we can get the keys; it leaves us in a very sticky situation as we must move in as soon as possible.

Any help on how to go about this would be great! 36

Jools wrote this on 2009-07-13 17:20:06 If you have signed 1 agreement covering several people, there should be wording in there along the lines of joint and severally liable.

This means that irrespective of whether one of you has not got a guarantor - if he/she fails to pay then the rest of you are liable for their share (or your guarantors will be liable for the 'guilty' person).

So essentially if there are 5 of you and the other 4 shove off - muggins is going to have to pony up the dough!

Jools

PS Anything in this reply should be checked with a suitably qualified person before using it as part of a legal agreement! 37

Maz wrote this on 2009-07-13 17:53:32 Thanks for the help, we'll definitely bring this up when we attempt to get our keys again.

Yeah, anymore advice on what to do would be very much appreciated! 38

Jools wrote this on 2009-07-14 12:15:31 Have you all had to get guarantors? If not then one of you may be able to act as guarantor or you may have to change your flat mate.

The landlord is under no obligation to give you the keys if you have not met the criteria for rental. Your friend should have ensured that there was a suitable guarantor before he/she signed the agreement. Not the LL's fault that the guarantor can't be found.

Jools

I dont know the circumstances so can't really comment on the best way forward. 39

karen wrote this on 2009-07-15 13:31:28 Hi,ive found a house that me and my family love,i had a garntuor but he has now changed his mind,he does'nt think he earns enough (he's self employed)i would like to speak to the landlord direct but the letting agents will not pass my number to him,i have a good chance if i speak to him,would it be ok to put a letter through the letter box and ask if he could ring me,it would be a win win situation,thankyou for your time karen,i am reciving HB and will have it payed direct ti him. 40

Jools wrote this on 2009-07-15 13:41:25 Hi Karen,

your only problem could be that the LL does not collect his mail for a while and wont get to see your letter. He may then send directly back to the letting agent and you will get a call from them saying "how dare you" etc...

You could try knocking on the neighbours to see if they know where he lives OR do a search via the land registry. Probably some cost involved in that but no idea how long it will take.

If the agents wont pass on your number then not much you can do - they may be acting upon the LL's instructions. If the LL has employed them as his managing agent they are probably acting on his instructed criteria and wont contact him unless there is an issue. That is why I employ a letting agent - they get all the hassle!

Sorry can't be more helpful but best of luck

Jools 41

karen wrote this on 2009-07-17 10:31:04 Hi thankyou so much for your reply,i thought you might say what you did,i have thought about going to the nieghbours,so that's what im going to do. can i just ask i have read that the council will take on empty properties and rent then out on behalf of the LL and while the propery's empty they can get rent?if this is ture then maybe if i get to talk to the LL i could mention it to him,if im renting the house through the council then surely the rent will be safe and the LL can be rest assurd,thankyou again for your time 42

Jools wrote this on 2009-07-17 11:19:51 Ahh - if only life was so simple! Apparently councils do have some powers to 'reposess' abandoned properties to use as social housing but how many do and how they do it is sketchy! Again - the landlords main priority is securing his income because he may have a mortgage etc and will not be interested in why the rent is late etc only when will I get it and preferably on time.

I am sure the property you are looking at is lovely - BUT there are lots of excellent properties out there and, as my old mum used to say, if it will be it will be and if you get it great if not then there is probably a very good reason!

Given the current financial circumstances I would be very doubbtful if the Landlord will be too flexible in his stimpuations to the Agency as we are all trying to manage risk. Is there no one else you can ask to be guarantor?

Jools 43

karen wrote this on 2009-07-17 15:44:23 Hi thanks again for the good advice,i am going to see another property again but this time im looking at it with the LL he's not using a letting's agent,he does not mind me not having a garautor,he would like some references though,i have asked the HA that im with and they are happy to do so,what other's could i get?also the man i spoke to at the HA said he did'nt think it's a good idea to give up my tenacy beacuse i good make myself and family homeless in the furture,but that's a big risk i'll have to take for the sake of my mental health,hopefully all will go well,thanks so much,karen 44

Jools wrote this on 2009-07-17 17:06:44 Hi Karen not sure what you mean by the man advising not to give up your tenancy - which tenancy?

Jools 45

karen wrote this on 2009-07-20 15:32:00 Hi Jools,oh sorry i mean the tenancy i have with the H A.ive been to see the house and it's not suitable so i'll keep on looking.karen 46

peter wrote this on 2009-07-22 17:22:57 hi i moved in to a house two months ago and sighed a six month tenancy . the house is in need of repair and the letting agent is not doing them eg a large hole in the wall letting rain in amoungst other major problems.the agent said we can move out but will lose our deposit as we are breaking our six month tenancy agreement.surely he is breaking his agreement by not keeping the house in a reasonable state of repair? 47

The Landlord wrote this on 2009-07-23 07:03:48 Hey Peter,
The deposit should be secured into a "tenancy deposit protection scheme", so it's not up to the Letting Agent to decide whether you lose the deposit or not. Based on what you told me, the Landlord (not letting agent) is not fulfilling his/her legal obligation by making sure the property is in working order.

Read the following articles:
Landlord Obligations / Regulations – The Law- this article covers what your Landlord SHOULD be reparing.
Tenancy Deposit Protection Easy Guide- info on the Tenancy Deposit Scheme
My Landlord Won’t Give My Deposit Back- you should def read this article, it will give you a better idea of your legal situation.

Kind regards 48

peter wrote this on 2009-07-23 08:42:09 what would be my next step in this situation as i do now want to move .Who should i report my landlord to regarding not securing my deposit ? thanks so much for your advice king regards peter 49

Chris H wrote this on 2009-07-25 10:53:06 I have asked my parents to do it and they are refusing,

do they need to put ther bank details down?

Also i dont understand y do we need a guarantor if there ok to take money for rent of us and wer workin y do they need one 50

carla wrote this on 2009-07-31 12:02:05 hi im renting a house from a private landlord,i have a list of repairs he needs to do but seems to be egoring me and the enviromentle health too i have phoned him to talk about it but dont seem to get a reply at all. Ive decided to hold on to his rent till things are sorted out,can he go to my garentor for the money even though he's braking his part of tenancy 51

Andy wrote this on 2009-08-05 11:34:04 Hi..My daughter resently moved into a 2 bed house rented to her by an estate agent on a 6 month contract.. Her mother my ex signed as a guarantor for her and now they have fallen out. she is only in her 1st month of the contract and her mother is saying she no longer wants to be her guarantor. can she do this to her or is her mother legally binded for the 6 months also could her mother be taken off and me put on there instead ?? Thx in advance. 52

The Landlord wrote this on 2009-08-05 13:15:33 Hey Andy,
Your daughter's mother is legally binded! The fact they have fallen out is irrelevant! 53

Ian B wrote this on 2009-08-05 19:11:37 My tenant is in arrears with the rent and im unable to make contact ive spoke to the guarentor and he said he will get it sorted but still no money in my bank. Is there a time limit on which the guarentor has to cover the arrears or can i set the limit. Also if the guarentor doesnt pay who do i begin court procedings against first, the tenant or the guarentor? 54

jon50 wrote this on 2009-08-07 21:55:54 Does anyone know if a guarantor is liable for any rent arrears, damage etc etc, even if the tenancy agreement has expired, dec 2007, and a verbal agreement to carry on the tenancy was put into place between the tenant and the landlord, without the knowledge of the guarantor....? 55

tina wrote this on 2009-08-10 08:39:20 my daughter is looking to move to another rented flat We (her Parents want to be guarentors but i only work part time and my husband is on incapacity benifit. Our morgage is paid up, we also have excellent credit ratings and savings.We will still be able to help her as we are her only hope? 56

Jools wrote this on 2009-08-10 08:46:59 @ Tina: Speak to the Landlord and explain your situation. He should do a credit check and if all is as you say I would not have thought there would be a problem - but I am not the landlord in question.

Honesty goes a long way these days!

Good luck

Jools 57

Ziko wrote this on 2009-08-14 13:15:11 My partner just let out a flat, having payed all of the required money, and having the gurantor forms filled and signed, she is now being told she cant have the key because her landord has not yet provided a reference. However the contract was signed 2 days ago and she is still not in possession of a key. Is there a legal requirement for references? or is it just a preference of the landlord? 58

neil wrote this on 2009-08-24 10:27:23 i was recently living in a homless hostel and met my now ex girlfriend whom i moved in with, after 6 months it was not working, she has got a new house and the idea was i was taking over the tenancy here...... but the landlord wants a guarantor, i have no 1 at all 2 stand guarantor for me and will probably be homeless again next week... 59

ray wrote this on 2009-08-29 17:30:41 Hi.
I am about to act as gaurantor for my daughter but i am un sure as to what this clause in the contract means and in particular the reference to six years .
Where the Rent, or any portion of it, is paid by housing benefit or other benefit scheme, the Guarantor agrees to pay the Landlord or Agent for the amount of any claims arising from overpayment, which may be made by the local authority in relation to the specified Tenant(s). Such overpayments may occur at any time, either during the tenancy or within six years thereafter.
I would be gratefull for any help.
ray 60

Gary wrote this on 2009-09-02 13:36:19 I'm about to let my 2 bed property to a young couple with a daughter, he says he has a poor credit rating, she went bankrupt 3 yrs ago, they seem very nice and willing to meet their obligation, he works full time, she doesn't, do i need to get them both guarantored or just one guarantor per tenancy? Not sure if I need to or not!

Loving the site 8-)

Gary 61

Jools wrote this on 2009-09-02 13:47:31 @ Ray; this means that if for some reason your daughter goes onto Housing Benefit and the council overpay her due to her not telling them change of circumstances - they will come after you for the overpayments for upto 6 years.

@Gary - Get a guarantor!!!!! Depends upon your AST and whether you think they will stay together! The AST should be jointly and severally which means that if one f***s off the other is liable. The guarantor should be made aware of the fact that if they are guaranteeing the rent for them both, they will be liable if one buggers off irrespective of who goes. I would get a background check done on them as well.

Good luck....

Jools 62

Jules wrote this on 2009-09-03 13:09:31 I am acting as guarantor to my daughter (1st flat) based on a 6 month AST 01/05-01/11/09 and have asked if from 01/11, I could not be a guarantor due to my hours decreasing which would reduce my salary. Agent has replied saying only way out is for another guarantor and I cannot relinquish myself, despite giving over 2 months notice and prepared to see out the AST - how do I get my name off the contract as landlord obviusly won't give notice?
Thanks for any help ~ j 63

Jools wrote this on 2009-09-03 13:53:51 Hi Jules,

Only way out is to get another guarantor. Once signed you cannot 'simply' (I know losing hours is not simple) walk away as you have signed a legal document contracting you to guarantee your daughters rent for the period of the AST.

The agent will take the view that you should have taken any potential loss of hours or other factors including the general economic downturn into account when you signed. It's not the landlords fault your hours have been reduced and they still have their overheads should your daughter default on her payments.

The landlord/agent would expect the rent to be paid in a timely fashion even if it meant you getting a second job to cover the shortfall in your initially declared salary. I am surprised that the guarantee paperwork was based upon your salary inc overtime. Normally the calculations are based on nett salary after expenses, mortgages etc - unless of course you did not correctly declare your salary initially and gave the figure including overtime? Not moralising - just trying to be forthright.

Never base your guarantee salary inclusive of overtime - it is misleading and when the OT is reduced you could find yourself in the brown and nasty. Also if you are falsly declaring financials to gain a financial advantage it could be illegal.

Hope you can sort it out!

Jools 64

Jules wrote this on 2009-09-03 15:24:25 Thanks for advice - I am prepared to be guarantor until the end of the AST but not after once becomes periodic. We did not know of proposed cut backs back in March. I am merely asking once the 'fixed' term of 6 months is over. jules 65

Ray wrote this on 2009-09-03 20:48:50 Thanks for your help jools, i assume the council would in the first instance try to recover any over payment from my daughter first.
Failing that then the bank of DAD kops the bill.
Kids,, why do we have em.....

Ray 66

Sarah wrote this on 2009-09-08 20:56:00 Hi, just reading the blogs and they are all very helpful.

Can you help me with my problem ?

It's a very long story but I agreed to be a guarantor for a member of my family but I am no longer able to fulfill this obligation.

In your intro you said that a guarantor can give notice providing that the agreement has become periodic.

The initial term was for 6 months, this was extended for another 6 months but in June 2009 I received a letter stating that the tenancy will "continue on a monthly periodic basis..."

".. The Deed of Guarantee you signed at the commencement of the tenancy remains vailid until the day the tenant vacates the poperty"

3 questions (sorry)

1) Can I give notice
2) is 1 month "Reasonable"
3) Do you know the name of the court case you referred to

Many thanks

Sarah 67

emma jenkins wrote this on 2009-09-10 11:18:07 hiya i dont what to do will be my first home am only part time employed my family cant be my guarantor an i goin through an estate agency an require a guarantor. looked on the site earlier an asked if they would except insurance an they said no as they have there own policy, what should i do really want the property but feel like im goin to be refused just over not bein able to get a guarantor.
would be gratefull of any advice
emma xx 68

katie swan wrote this on 2009-09-14 15:43:57 Hi sorry to ask but i am new to house rentals and have recently let my property, by seperate contracts to students. They each have a seperate contract for the room which they rent, but are all responsible for the communal areas.
One of these students (who has signed her contract), has let her deposit and first months rent cheque bounce and has now told me she will not be moving in. I have now incurred charges for the bounced cheque as well as being out of pocket with her rent.
Any help would be grateful as to how i should deal with this problem as she does not have a get out clause and the agreement is only for 10 months.
I did make her complete a guarantour form, for which she nominated her monther... at what time period should i contact her? It has already been two weeks since her first payment should of cleared!
Im a little worried and concerned about this situation especially as i have been charged by the bank!
Thank you for taking the time to read this! 69

Jools wrote this on 2009-09-14 17:13:19 Contact her now stating that you have received word that her daughter will not be moving in despite her having signed a legally binding 10 month contract and that you expect her, as the guarantor, to fulfill the financial obligation. Also state that due to the payments bouncing you have been charged by your bank and will be sending her an invoice to cover the costs of this. State clearly that as the guarantor, if her daughter has defaulted on the contract) is liable.

Send the letter special delivery. Did you do a credit check on the guarantor? I hope so .......

Did the daughter give you a cheque and then cancel it? If so, she is not allowed to do that. Could be the start of a long haul ending up in the small claims court BUT don't let them get away with it!

Jools 70

Jools wrote this on 2009-09-14 17:14:37 @ Sarah

1. Yes
2. Yes
3. No idea sorry!

Best of luck

Jools 71

Jools wrote this on 2009-09-14 17:16:44 @ Ray - dont assume ANYTHING with the council - they are a law unto themselves! 72

alan wrote this on 2009-09-25 16:55:40 Hi My wife has just been told by the agents that homelet have told them she has failed the criteria to act as garantor for my daughter.The reason being my wifes yearly earnings were £350 short.My daughters flat is £375 pm.Do you think it is worth ringing homelet tomorrow to appeal. 73

Jools wrote this on 2009-09-26 19:05:11 Wont hurt! if they still say no you can then have the pleasure of calling them narrow minded pond dwelling bottom feeding w****rs over the phone!

Good for the soul!

J 74

Mike Smith wrote this on 2009-09-27 13:59:53 The actual difference after using a calculator would be £79.They assure me this is the only reason for the knock back! 75

Steve wrote this on 2009-09-28 07:39:34 Hi

I have been asked to sign as guarantor for my brother in law who is around 200 miles away. The form im asked to sign says -

"This guarantee is irrevocable and immediate. I am a principle debtor and therefore this guarantee is not conditional upon the landlord taking any action against the tenant first of all. This guarantee will not be released by any arrangement made between the teneant and the landlord or by any time given to the tenant for payment or by any failure to enforce payment. Executed by the guarantor as a deed"

Im concerned because this seems to imply my liabilities could be endless. The landlord doesnt even have to ask the tenant for any rent but just come straight to me and i have no way of getting out of the deal. This seems to leave me open to all sorts of abuse as a guarantor.

Any advice??

Thanks 76

Jools wrote this on 2009-09-28 08:52:41 It means that if your brother in law defaults he will come straight to you for payment as opposed to the hassle of going via the courts to get the rent. It also means that the debt to you will remain as long as the debt is not paid off. If you do not pay for 20 years - the debt still remains yours.

"The landlord doesnt even have to ask the tenant for any rent but just come straight to me and i have no way of getting out of the deal."

Welcome to the world of being a guarantor! Only do so if you have confidence your BinL will pay. Remember - things have a way of not turning out the way you planned and families can be th eworst of the lot given you feel you can't bollock them or break their legs!!!!

If you are not sure - the choice is yours not to sign BUT make sure your BinL is aware of the circumstances of hiom not paying the rent! Don't envy you has to be said! Again if you are not sure - get a solicitor to check the form. Do not rely on anything said in this forum - there is lots of experience here but I am not a solicitor.

Jools 77

fred wrote this on 2009-09-28 12:24:55 I think the moral of all these lovely stories is 'don't guarantee your children or even relatives' lol. good stuff. 78

Louise wrote this on 2009-10-29 09:52:04 This is an excellent site and has answered lots of my questions, however, I have one more:
Can an employer (ie the company not an individual) act as a guarantor? Many thanks in advance. 79

Jools wrote this on 2009-10-29 10:06:02 I suppose they could but make sure you do the credit check on them. Afterall it may be more difficult to enforce payment on a company as opposed to an individual - they can afford bigger lawyers. make sure your Guarantee form is watertight!

Jools 80

Toni wrote this on 2009-11-03 12:12:56 This site has been great thanks - I am still in need of assistance though please. I signed as guarantor for my cousin, the fixed term has gone and is now a periodic tenancy. Don't they have to tell me this is the case? I have found that he is in arears - not for the first time. If I want to pull out am I still liable for his arrears? 81

twattybollocks wrote this on 2009-11-03 12:21:56 Toni,

No - they do not have to tell you as it automatically crosses over at the end of the fixed term. Everything in the original AST remains the same including your liability incase the tenant does not pay.

If you wish to pull out and he is still in arrears then you will have to pay up.

Sorry but that is the joy of being a guarantor!

Jools

PS - you could of course go and sort his knees out for putting you in this position!!! 82

lonefather wrote this on 2009-11-04 16:19:59 my ex partner wants me to be guarantor on a house she wants to rent, but im worried in case things turn nasty or messy and she doesnt pay.

then it will be up to me to pay her rent.

if that happens does the guarantor have any rights ?

i.e. can the guarantor insist that she leaves the property and give notice in on the house ?

the worse fear is that i could end up paying her rent for the rest of her life.

there would be no way out and i wouldnt have a leg to stand on. 83

twattybollocks wrote this on 2009-11-04 16:27:47 Lonefather,

I think you have answered your own question!

You as the guarantor have no rights to insist she leaves the property.

I would rather stick wasps up my arse than get involved but there again she is your ex and you have to tell her!

Best a few minutes of grief than a lifetime of regret. RUN A MILE!!! 84

Toni wrote this on 2009-11-04 16:44:40 Hi lonefather - I am currently in an awful situation being a guarantor (see above). The tenant, my cousin, is a few thousand in debt and the letting agent let this go on for 6 months and have just told me to cough up or they'll take me to court!

If only for the sake of remaining sane don't do it. Your ex may get the hump but ask her to find someone else. 85

Steven wrote this on 2009-11-19 07:09:00 I was wondering what rights I have as a guarantor if I know in advance that one of the two tenants I've signed for is planning on breaking his contract? Or if I have any?! I'm nit blasé aboutvte agreement I've signed up to, and would if course honour that if it came down to it. Unfortunately, the guy planning on leaving ha a personal issue with me and simply thinks he can hurt me by making me by leaving early and making me pay for it. Despicable behaviour, when my guarantee stoppd him from being homeless in the first place.

Any advice or thoughts would be much appreciated. 86

Twattybollocks wrote this on 2009-11-19 09:08:40 Steven,

Pardon me for stating the bleedin obvious but ...... why the hell did you sign up when you knew the tenant was going to hoppit?

You have no rights here except the right to stupidity!!

Learn from your mistake.

Don't be a muppet and don't do it again - oh and if a bloke called Ajay offers you a cheap house - DONT!

TB

PS You have brightened up my day and put a smile on my face!!! 87

Steven wrote this on 2009-11-19 09:17:16 Erm, I was asking for advice here and you've clearly read it wrong. I didn't know in advance of signing the agreement, I know in advance NOW, 6 months down the line that he's planning on leaving.

Anyone else with some genuine input? I wasn't really looking for someone called 'Twatty' to make any decent suggestions! 88

Toni wrote this on 2009-11-19 09:25:44 I would right a letter to the letting agent/landlord and give notice that you are pulling out of being guarantor immediately. You will be doing yourself a BIG favour, don't leave it to the last minute. 89

Twattybollocks wrote this on 2009-11-19 10:20:12 Err no - your post reads as follows: - "I was wondering what rights I have as a guarantor if I know in advance that one of the two tenants I've signed for is planning on breaking his contract?"

You then stated that you had already signed upto it. Perhaps if you don't want the piss taken you should write your post in a way that it can't be read/interpreted wrongly!

Perhaps something like: I signed up as guarantor for someone some time ago and now know that he is planning to break his contract due to a personal issue with me. What should I do?

Anyway-

After reading your post again for the 15th time I now see what you are talking about.

I agree with Toni - write to the agent/landlord and state that you are no longer prepared to be a guarantor. It does not really matter what I am called as long as you get some good advice. I could have posted under my normal name on this blog!!

TB

PS If I offended you then I apologise but if you had read ANY of my previous posts on this site you will see that I actually do try to help people.

PPS I take the apology back - if i offended you tuff titty - I will continue to take the pi**! 90

Steven wrote this on 2009-11-19 11:19:06 TB

okay, okay, we could go round in circles! I accept the apology ( but refuse to accept the retracted one!)

thanks both for your replies. Am I legally able to retract the status of being guarantor? I'm certainly going to get in touch with the letting agent today anyway.

Thanks for your input! 91

twattybollocks wrote this on 2009-11-19 11:30:05 Yes! You can withdraw from being a guarantor at any time but I would do it in writing asap. The problem then becomes that of the agent\landlord\tenant! I would also send the tenant in question a crimbo card saying you hope he has a lovely time during the festive season looking for a new home!!! TB 92

Toni wrote this on 2009-11-19 11:36:38 I would ask them their procedure for relinquishing your responsibilities as guarantor. I think it's a months notice and make sure you confirm in writing; the tenant may have to find another guarantor and if they can't may be evicted but do not let this diswade you from pulling out. From what I've found out over the past few months I wish I'd never signed as a guarantor and I would never advise anyone to be one either 93

Not the weakest link wrote this on 2010-01-13 16:04:10 I in the kindness of my heart said i'd be guarantor for my aunty. She moved from sheltered housing to be nearer my side of family. Because she's a pensioner and thus eligible for housing benefit etc. I thought it would be fine.

However, the flat isnt fit for purpose things like cooker blowing all the fuses, shower switches itself on, underfloor heating works when feels like at night. things like that, landlord via a large local extate agency chain will not do the repairs have complained etc.

Anyway she wont pay her rent, the housing benefit gets swallowed up by the bank, then she gets consused. She owes Decembers rent and Januarys is due. I think she has starts of dementia which we are trying to get medical help for or a diagnosis. She is now looking for proper sheltered / supported housing.In her lucid moments she says she'll pay it.

Of course I am now concerned that a) she;ll do a bunk, b) leave me to pay the rent, which I cant really do without causing me massive problems.

If i have to i will seek some advice, first stops this website, then the CAB etc.

Can I write saying I no longer want to be guarantor. The lease was a 6 month one, but because the landlord also isnt following his responsibilities would I be able to say shall we agree to part company and if she finds a house in a couple of weeks call it quits.

I am of course going to go round and speak to her about it even if i have to take her to the bank but then with her health problems, we are now the bad guys because we are trying to help her pay the bills.

Any advice apart from dont do it and dont be a guarantor.

ta
B 94

lauren wrote this on 2010-01-24 13:04:30 hi,im moving to my own flat and my dad had agreed to be the guarantor and signed all the forms,but now we have fallen out and says he wont be my guarantor so if i let my agent know will they still let me rent the flat? cos i have no one else who can be my guarantor.please give me some advice
cos i reall want to move what shall i tell my letting agent
thank you 95

Ces wrote this on 2010-01-26 14:35:44 I agreed to be a guarantor and i signed a contract for a 6 month lease, My sister agreed with the landlord over the phone to carry it on for an extra 6 month when the first 6 month lease was up. I have not signed anything to say im a guarantor for the second 6 month lease and my sister never rec'd a tenancy agreement for the second 6 month too. My sister has now rec'd an eviction notice as the tenancy is due to expire. Will i have to pay any arrers made in the second 6 moths if i have not signed for the second 6 month lease? 96

Toni wrote this on 2010-01-26 14:44:15 Check the original tenancy agreement to see if it mentions 'Statutory Periodic Tenancy' which means even if nothing is signed at the end of the first 6 months the tenancy can continue and you will still be held as guarantor and liable for everything if your sister has defaulted on any payments or is liable for any costs upon her leaving even though you never resigned! I am currently finding this out much to my horror... 97

Pauline wrote this on 2010-02-04 07:37:04 Wonderful site.

My tenant left without notice and leaving the house in a dreadful state. Her uncle is her guarantor. I have sent him letters and telephoned him with regard to outstanding rent and the cost for restoring the house to a lettable condition. He has not made a payment saying his niece has assured him she owes nothing. He owns his house (a nice one) and is in full time work. He is also a magistrate a couple of days a month. There are so many different claim forms that I am confused. What is the correct county court claim form to use and any advice would be really welcome. Thanks 98

Jools wrote this on 2010-02-04 13:57:56 Hi Pauline,

you can actually submit the form online. I think the site is something like HM courtservice online but just do a google search and it should help you with the submission.

Hope you get it sorted - let us know how you get on!!

Cheers

Jools 99

Rudy wrote this on 2010-02-09 15:02:39 I became a guarantor at quite a young age (25) and didn't really understand the full implications to my self. The tenant in the property is now struggling to pay and as I am not able to contact the landlady, she is being very stern in her pursuing of the debt...she is basically issuing some court thing against me that gives me 21 days to respond?

i never really anticipated this, and i understand that is a naivity on my part. The tenants in the house are awaiting re-housing by the council, and the council are telling them not to pay as it will delay the re-housing situation.

I am unable to get in touch with the landlady to try and appeal to her better nature and explaing that we will look to get resolved asap...her legal representative is equally as brash and due to the landlady previously being burnt, there seems to be no assistance with this.

I assume that I have no leg to stand on, but wondered if you could help me with some basic advice please. I don't have the money for legal costs, so just need to know the next best action for me I guess!?

Thanks 100

Rob wrote this on 2010-02-16 10:51:55 Hi
1 month ago I paid 300£ l.agency fee for a keep flat for me,they reqest references and ect.3 days left to moving in and l.agency request Guarantor beceuse I got a temporary job.For now I know only people with temporary job tey cn`t be a guarantors,any idea how to sorted out this problem?Have no money for a 6 months adv.rent paymant
Rob 101

sean taylor wrote this on 2010-02-17 14:55:11 after the agreement terms of 6 months is a guarentour not responsible anymore if i am still here as she has not signed anything els to renew it,As for the 100 pounds a year for rent insurence does every landlord do that and agency also does this mean i would not have to pay a deposit aswel just a months rent thats all. 102

Stacey wrote this on 2010-02-27 10:03:32 Hello
Our tenancy is due to end on March 19th and we have found another property which is considerably cheaper to rent. My partner had his hours reduced at work and we can't keep up with the rent and were told that we are not entitled to any Housing Benefit because our earnings are still over the threshold. We have told our agent and landlord that will be vacating the property on this date. The problem is, we have been unable to pay our rent this month and we would owe 2 months rent when we move out. When we signed the agreement my Mum also signed as a guarantor - but since this, our agent has been taken over by another company who lost our original agreement. We were asked to sign another copy, but my Mum did not and she also isn't listed on the agreement (although not entirely sure if she would be being a guarantor) We didn't enter into another 12 month contract, but just signed a copy. I have offered to pay the landlord £50 per month to catch up on arrears as this is all we can afford. Can my landlord request money from my guarantor now? I'm not sure our agent knows we have a guarantor and as she hasn't signed the copy can she be held liable? 103

Jools wrote this on 2010-02-27 10:13:21 Hi Stacey,

if the landlord has a copy of the original document then yes she is still responsible.

I would make sure you put you offer to the LL in writing. It would be unreasonable for him not to accept this generous offer!!

Good on you for dealing with your responsibilities. If he says no then I would tend to say stuff him. As long as you can be seen to have been acting reasonably and responsibly then if he decides to sue and he has refused your offer the courts is more likely to agree with you!! If you are 2 months behind it would be a nightmare of paperwork and expense to instigate eviction proceedures. He would be an idiot to refuse your offer!

Don't sweat it too much though!

Jools 104

Stacey wrote this on 2010-02-27 10:45:41 Thanks Jools!
I really wanted to sort it out myself, because being in the situation of having no money is an awful feeling, and we have 2 young children to feed too. I don't really want my Mum getting involved as this is our problem and not hers, which is why I made the offer. As we are moving out anyway, the landlord can get tenants in who can pay the rent, plus get £50 per month from us. The house costs a fortune to keep warm too, as we don't have double glazing and the frames are that rotten you can see daylight through the edge of them! 105

Jools wrote this on 2010-02-27 12:31:14 Good on you! Hope you get it sorted soon. looks like you will get a better home anyway. Remember, lots available at the moment so have a GOOD look around and don't accept c***!!

If something is broken or missing get the LL to sort it BEFORE you sign the AST or you will be waiting ages.

Just make sure you have everything in writing. If the LL has failed to keep the property in good order I would be inclined to say - sod him, serves him right!

You could ask the landlord for a copy of the original tenancy/guarantee form. If he does not have it then he is pretty stuffed and his beef should be with the letting agent and not you.

Good luck

Jools 106

Stacey wrote this on 2010-02-27 12:38:05 Hi Jools,
We have found a much nicer house, and the agent and landlord have been very helpful in getting things fixed for us and we can't wait to move in. I have just requested the landlord send me the a copy of the original contract, but what if my guarantor isn't mentioned on this? I know she has nothing in writing to say she is guarantor, and I want to sort the problem out myself - i'd rather my landlord took me to court than hassle my guarantor! 107

Helen wrote this on 2010-03-01 18:23:38 Hi,

Can you tell me who can act as a guarntor? This is the first time im moving out.

Thanks in advance
Helen 108

David wrote this on 2010-03-02 19:43:26 Hi
Several months ago my daughter entered into an assured short hold tenancy with 4 other students for the period June 2010-June 2011. I understand that she and her co-tenants are jointly and severally liable for the rent, damage, etc but, as her guarantor, am I also liable if her roommates default? My assumption is that the letting agent will go after the other students first and then to the parents of the offending student, not me. Is that a false assumption? If it is, can I withdraw from being her guarantor? 109

Ibeth wrote this on 2010-03-02 20:58:48 I rented a flat for 01 year, the father of my son was the guarantor as he owned a business and houses. He passed away after 4 months we were in the property, left executors of his will and business have to leave the flat after 01 year as I couldnt cope paying the rent. now my former landlord wrote to me asking for an amount of money I owe him. If that is the case can they ask the payments to the executors of the guarantors will.

Ibeth 110

Niki wrote this on 2010-03-04 14:55:21 Hi, I entered into a tenancy agreement in 07/2007 initially for 6 months, my mum acted as guarantor. After the 6 months expired I continued to live in the property but nothing was put in writing it was just a verbal agreement between myself and landlord. Also before the end of the six months the lalndlard increased my rent by letter. 2 years later I have fallen behind in my rent, is my mum still responsible as guarantor? 111

Bad Harry wrote this on 2010-03-12 14:09:10 Niki - I would say your mother is responsible for your fiscal and moral ineptitude - just pay your rent on time 112