The Risks Of Being A Tenant Guarantor

Do you know what amuses me? When someone consciously and willingly acts as a Tenant Guarantor for their nearest and dearest, and then as soon as they’re required to take responsibility they shamelessly try to crawl their way out of it, because they feel like they’ve been victimised and hard done-by. The question has to be asked, what did they think they were signing up for in the first place?

What is a Tenant Guarantor?

A “Guarantor” is commonly a friend or family member of the tenant and has agreed to vouch for the tenant and accept the liabilities on behalf of the tenant. Essentially, in the event of a tenant being unable to meet their obligations under the tenancy agreement, whether it is for overdue rent, damage to the property or whatever, the Guarantor is legally bound to accept the liabilities on behalf of the tenant. There’s tonnes more information in the Tenant Guarantor Form page.

I regularly receive an annoying amount of emails from teary-eyed mascara-dripping Guarantors asking two of the following questions:

  • How can I stop being a Guarantor for a tenant?
  • My friend has fallen into arrears, and I’m his/her Guarantor, how do I get out of being liable for the debt?

Let me show you a prime example of what I’m talking about. I received this ridiculous piece of shit email last week:

I’m a guarantor for someone for a rented property. I have just recently found out the reason they needed a guarantor was cause the landlord thought she wasn’t working. She is now in arrears, is there anyway I can get out of being liable for her debt? Please help, I am at my wits end.

I’m sure the lady that sent me the email is a terribly nice person, so I take no joy in calling her a tediously underdeveloped chimp, but unfortunately that’s exactly what she is. The million dollar question is, what the hell did she think she was signing up for when she agreed to be a Tenant Guarantor, and why is she at her wits’ end?

Essentially, she’s got her nuts in a twist because she’s being asked to act upon the responsibility she agreed to. Heaven forbid! Of course, she’s not the only one; this is a common cry among guarantors.

It’s terribly frustrating.

There’s nothing wrong with being a Tenant Guarantor

Don’t get me wrong, there’s absolutely nothing wrong with being a Guarantor for someone. By all means, be a Guarantor for someone you love and/or trust, just don’t shrivel into a wheezing blubbering mess if you’re actually required to take on the responsibility of being a Guarantor when that’s exactly what you agreed to do.

What you should consider before being a Tenant Guarantor

With the objective of preventing this kind of stupidity from spreading much further, I’m going to jot down a list of points for prospective Guarantors to consider before agreeing to anything. If you’re in that position, you should carefully understand what you’re being asked to do, and then consider whether you actually want to do it.

Do you understand what you’re being asked to do?

I swear to God, 90% of the people that are a Guarantor don’t even have a clue what they’re liable for, they’re just happy their helping someone out. Very cute, but dangerously stupid.

To reiterate, a “Guarantor” has agreed to vouch for the tenant and accept the liabilities on behalf of the tenant. Essentially, in the event of a tenant being unable to meet their obligations under the Tenancy Agreement contract, whether it is for overdue rent, damage to the property or whatever, the Guarantor is legally bound to accept the liabilities on behalf of the tenant.

Fully understand what responsibility you’re taking on.

Can you REALLY afford to pay someone else’s debt (not just hypothetically, but in reality)?

I think the main reason so many people agree to being Guarantors is because they believe they’ll NEVER be put into the situation of actually having to pay the debt of those they trust. They basically think it’s a hypothetical scenario because they’ll never be let down by those they trust. “It will NEVER happen to me”, says the idiot while being struck by lightening.

Unfortunately, the only certainties in this life are taxes and death. A friend and/or family member never falling into arrears is a far cry away from being a certainty.

Consider the implications on your own personal finances if the tenant you’re vouching for DOES fall into hardship. Can you REALLY afford to pay the debt, and more importantly, would you feel comfortable doing so?

In situations like this, it’s always worth considering the worst possible outcome.

To what level do you trust the person you’re being a Guarantor for?

Trust comes in many, many, many layers, and you need to calculate to what level you trust the tenant.

For example, I would trust my work colleague to pick up my Hugo Boss suit from the dry cleaners, but I wouldn’t trust him with in a 10 mile radius of my girlfriend after he’s intoxicated his liver with a bottle of Vodka. Common sense.

Calculate which level of trust you have with the tenant, and if you’re left with concern, maybe that’s your gut instinct telling you to back-the-fuck-off from the situation.

Are you being pressured into being a Guarantor?

From my experience, most Guarantors are either family members or extremely close friends of the tenant. So there’s usually a feeling of emotional obligation pushing us into the direction of being a Guarantor, even if it’s subconscious.

If you feel remotely pressured into being a Guarantor (even if it’s your own moral obligation pushing you, and not necessarily the tenant’s) or there’s a feeling of unease, even if it’s ever so slightly, I would think twice.

Emotional guilt tends to push us into a lot of situations we don’t really want to be in. Yes, we love our friends and family, and we want to do everything humanly possible to help them, but this is one of those situations where need to think about number one.

There is zero reward for being a Guarantor

Understand, there is ZERO reward for being a Guarantor. Well, besides from self-satisfaction of helping out someone you love. But that don’t mean shit, especially when you’re left paying their bills.

Seriously! There is no opportunity for financial gain, it doesn’t help your credit rating and you don’t get compensated for the tenant’s good behaviour.

It’s one of those acts of kindness that you do purely out of love, or whatever!

Will you panic/worry/stress if you have to pay the tenant’s debts?

So, assuming your nearest and dearest does rack up a debt that falls onto your lap, how would you feel about it? Like I previously said, it’s always best to approach this situation with the worst possible outcome in mind. If you think it’s going to cause you stress, then don’t do it.

There’s no point in both of you (you and the tenant) being stressed over the same situation. So if taking on the debt of the tenant is going to inflict additional burden on yourself, forget about it.

How strong is your relationship?

I’ve seen best friends of 20 years become enemies over money. It happens all the time. Hell, just watch Judge Judy, most of the cases on that programme involve family members and best friends having a cat fight over money. Great entertainment, but it’s embarrassing garbage.

Every relationship has their breaking point, and you can usually find that point with a financial amount.

If the tenant (your close friend/relation) left you responsible for a pile of debt, would you carry any resentment towards them? If so, don’t put yourself into the situation where your friendship/relationship is on the line. It’s probably not worth it.

Guarantor nightmares

Anyone got any Guarantor nightmares to share?

115 Comments- Join The Conversation...

Showing 65 - 115 comments (out of 115)
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Chris 27th January, 2015 @ 11:16

@ed1su
If things are as you describe then I don't think you can be liable. Go and see citizen's advice. If someone forged your signature and the landlord knew about it you have the "nuclear" option of going to the police and reporting a conspiracy to commit fraud.

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Gerry 27th January, 2015 @ 11:22

Thanks all. There is no other person involved and she does not have assets to speak of. I don't believe she would do anything underhand but I'm a little concerned about the rent payments as she has a relatively low paying job

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ed1su 27th January, 2015 @ 11:58

@Chris

The person who signed the contract is coming to small court as a witness, he already written and signed the letter stating the management company asked him to sign it just for information so his daughter could have accommodation. I just didn't go to the letting office to sign documents.

The same management company after pestering them for 11 months emailed me saying "as you were unable to accompany (Tenant name to) sign the contract" photocopy of my passport was enough for the contract to be enforceable. The management company are refusing to send me the signed actual tenancy contract. They only sent me blank contract. They won't confirm who signed the guarantor section of the contract.

Without the actual tenancy agreement with the forge signature I have no proof that the contract has been signed. My hearing is in another city in about 16 days time.

Thanks for your help
Ed1su

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Chris 27th January, 2015 @ 12:17

I would see a citizen's advice bureau, but I think that if you turn up in court and say that you did not sign anything then you will just have to ask them to prove that there is a contract.

The only thing that they may try to claim is that you made a verbal contract to be a guarantor. My guess is that this would be very hard to make stick, as they would have to show that you had a chance to study the contract and intended to enter the contract then and there. The fact that they asked you to come and sign is almost saying "we don't have a contract yet".

I think you also have the nuclear option, if it looks like the landlord or the letting agency knowingly accepted a forged signature then threaten to go to the police. Remember that if you do the tenant will probably be caught in the fallout and charged as part of the conspiracy to defraud.

I understand that if you lose at the no claims you could ask for a stay pending criminal investigations if you do this, but I'm not a lawyer so you really need to go to citizen's advice or talk to a lawyer on this

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ed1su 30th January, 2015 @ 09:33

Hi

14 days deadline is over.. the court hearing is on 12th Feb. and the court Notice of Allocation to the Small Claims Track (Hearing) Judges direction

7) each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before hearing

9) The Judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order

The Letting agency hasn't sent me any documents at all..

Ed1su

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Zavannah 8th April, 2015 @ 20:41

Hi Ed1su,

Is there any update on your issue please, as i am in a similar situation!!! Thank you!!

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Lea 8th April, 2015 @ 23:37

I am a Landlord (who has never asked my Tenants for a Guarantor - only references) and when our long term Tenants struggled to pay the rent through a difficult patch, we were happy to be flexible.
Now, my stepson wants my husband to be a Guarantor for a property he wants to rent which is cheaper rent than where he is now. My husband has recently retired and whilst we have savings invested the stress it would place on my husband if my stepson defaulted on rent would be too much. It's a difficult decision to make when you feel like someone is relying on you to back them but, as harsh as it may sound, you have to put yourself first. Like the article says, you can lose relationships through money. It's not worth it.

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HJT85 27th April, 2015 @ 21:37

I signed as a guarantor for my sister approx 4 years ago.

I ummed and arrgh'd about doing so as I thought the property was in poor condition and the landlord wanted £900 for a 4 bed in a very rough area of Warrington. He also wanted a 5 year term tenancy. Now what you have to understand is my sister was living with me along with her partner and 3 children and she was pregnant with her 4th. I didn't mind them staying longer to find a better property so I refused and gave my reasons, but she pleaded and pleaded, cried etc as they couldn't get a council house quick enough.
I eventually caved in and agreed as she promised not to let me down.

Now, a short time into her tenancy, she said she could no longer deal with the property as there was so much wrong with it. I advised her to contact the landlord (which she said she'd done). She also said that she advised the landlord that she would be moving out and apparently they had come to some agreement. (I thought this was the end of it).
Also, at the time of the signing of the tenancy I was in a good position financially.

A year later I receive a letter from the landlords solicitor advising he was going to claim for £11k worth of arrears (and a small amount of damages). I was in pure disbelief. Since signing as a guarantor and receiving that letter, I had suffered with a breakdown and lost my job and was unemployed for 6 months. I eventually found work but then I had my own debt to deal with on top of this. Eventually his debt claim rose to £15k.

I am now in the position where my life is being ruined, I have no where to turn and to top it off I don't even know where my sister is. She has cut ties from the family and no one knows how to get hold of her and she frankly does not care. My daughter will suffer as I can't barely afford to cater for her needs especially as she goes to high school in September.

It's all well and good to say 'no' but when you have the desperate pleas from a family member you think they won't let you down... however this has taught me to never trust anyone again. This has completely tore me apart and I have absolutely no where to turn.

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pSy 28th April, 2015 @ 12:22

Wow this article has attracted some tremendous morons. The underlying theme seems to be the same... don't except you made a mistake blame everybody else: Landlords, agents capitolism, the Tories, Walt Disney!

That is why the way this is written is great; 'No holds barred, slap in the face, wake up and smell the roses'.
Let's make it clear here who the real badboy is in this equation, the tenant who is happy to take advantage of another persons loyalty.

It's always a shame when someone gets taken advantage of, particularly by someone close to them. I can empathise but here it is: Boom! people do that stuff all the time and this should hopefully serve as a hard hitting warning to anyone who is thinking of being a guarantor for anything in life.

I particularly like to considerations... for people who struggle with making these decisions these judging standards are funny but realistic examples.

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pSy 28th April, 2015 @ 12:31

HJT85 -
Your scenario is a little more complex and it's fine detail which will determine whether you have a case to fight this. This is an issue fo breach of contract on one side or another. If the landlord was not meeting the requirements stipulated in the contract you could have gathered evidence agaist this.
All this could have been avoided if you/your sister had sought legal advice before moving out (free from Citizens Advice) now it's all about who can prove breach of contract.
If all you have is the original contract then you are bound to the terms to which you both signed.

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mary 6th May, 2015 @ 18:47

not all guarantors are wingers just wanting to get out of things , i am a guarantor for my sons former girlfriend now they have split up why should i still be her guarantor? none of us has any contact with her any longer, so should we have the worry hanging over us of her not paying her rent and taking money from us we can no longer afford because we are now on a state pension ? i find some of your comment nasty towards guarantors we enter into this willingly at the time but it is not our fault if things go wrong .

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Chris 6th May, 2015 @ 18:59

Mary,
Write to the Landlord immediately and tell them that you will no longer be guarantor after X period. This has to be at leastas long as the period your son's ex gf has a right to remain, either the time remaining on a fixed length lease or a full month if it has gone to a rolling contract. This week give the landlord the option of not renewing.

You will still be liable for any Trent up to this point plus any damages that she doesn't pay.

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ACT 7th May, 2015 @ 13:50

So, my brother needs a guarantor. No worries I thought, I trust him so I have no worries accepting (reasonable) responsibility for his agreement.

Letting agent wants:

* All details of all my credit agreements.

* 3 years audited accounts.

* Me to sign that I accept unlimited liability for claims and damages. Yes, you read that right - unlimited.

* My passport (not a copy).

I'd agree with the comment from someone earlier - never, ever, ever be a guarantor for a rental property. The landlord wants everything and with a cherry on top too.

Of course there need to be safeguards for the landlord but if what I've been asked is typical then I have no sympathy with them (or their agents) when folks decide not to play ball.

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ed1su 5th June, 2015 @ 13:39

@Zavannah

Sorry didn't see your message. Went to court, due to issues due to claimant side the hearing was adjourned. I was awarded costs.. The judged advised the letting agent to drop the case against me and to seek legal advice.

They been messing about and day before hearing I phoned court and was told the case has been dropped against me.

The hearing was rescheduled for my home city for the tenant which was yesterday. Even though I wasn't there the judge throw my case out. The tenant was liable for the rent which the judge set at £10 a month which will take 15 years.

The judge didn't any costs to the claimant. So they easily spent about £900 to £1000 on the case. Was it worth for them. I doubt it.

Ed1su

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Royston 20th July, 2015 @ 18:30

All you greedy landlords who are only in it for the money what would you do if no one wants to be guarantor because you are making so hard and expecting them to take to much responsibility and the worst thing for to long I offered to be a guarantor for a friend for 2 years and would be comfortable with all the responsibility that comes with it if you do not know you Tennant by then its because your not bothered you would rather someone else take all the responsibility while you just count the money you want people to be tied to the contract with no get out clause for the length of the tenancy you expect to much and I hope people realise and no one becomes a guarantor then let's see what you do from someone who wanted to be a guarantor but you expect to much no one wants to be a guarantor for the rest of there lives

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Benji 20th July, 2015 @ 19:39

All you greedy landlords who are only in it for the money

Why else would they do it? For charity?

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amanda 2nd August, 2015 @ 14:42

I am a stupid guarantor and after paying over £4000 for so called friends rent arrears, I am now faced with more costs for dilapidations.
The tenants vacated the property on 20th May. I was informed about these dilapidations and the cost of repairs on 22nd July!!
Are there any obligations to have told me of these sooner?
Should I have been given opportunity to rectify things. For example - mowing the lawn, changing lightbulbs & clearing rubbish which they are claiming for!!
Am I entitled to ask for proof of said disrepair and invoices/quotes/receipts etc to prove they actually needed doing.
My relationship with tenants has totally broken down since paying rent arrears so getting any info from them is proving impossible.
Lesson learnt the hard way but I don't want to pay for something that wasn't actually needed!!!!

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poulter 17th August, 2015 @ 12:08

No wonder landlords have such a bad name these days with this juvenile and aggressive article. If you really are in such a "business" you should learn to behave like an adult.

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Banana Man 3rd September, 2015 @ 20:42

Hi,

I am considering being a guarantor for a close family member who often get involved with the wrong people. I don't expect them to from now as they have recently made serious changes in their life, however I am interested to know if a guarantor will be kept liable if some form of illegal activities are conducted on the premises, assuming of course rent is paid and there are no damages to be liable for.

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Karol Tutty 7th September, 2015 @ 12:32

Thought-provoking piece , I was enlightened by the information ! Does someone know if my assistant can get a blank 2014 IRS W-2VI version to use ?

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macky 17th September, 2015 @ 14:20

If you want to lose a friend or your money or both then by all means become a gaurantor because thats nearly allways the end result

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Nicnac 1st October, 2015 @ 18:49

I was quite happy to be guarantor for my niece until the last hour of business the day before she was due to collect her keys. I received the Guarantors document to sign electronically, this pointed out 6 specific points as well as " I agree to the terms of the tenancy" they had sent the tenancy agreement which I read.
I then received a call to say I hadn't signed all the documents, I said I'd signed the guarantors documents and as the guarantor they were the correct ones. Oh no! I was told I had to sign the tenancy agreement that I'd been sent.
When I questioned why I was being asked to sign a legally binding document that had no relevance to me, I was told it's not a signature it's an acknowledgment that I'd read it. I pointed out again that I'd signed the guarantors agreement which states this.
The agent then became very rude when I told him at no point was I informed that I had to sign a tenancy agreement by myself.
My niece didn't get her keys.

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Chris 1st October, 2015 @ 19:08

In terms of financial liability to the landlord there is very little difference between being a co-tenant and being a guarantor.

I would have probably signed it and put "guarantor, not tenant" in brackets afterwards.

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Nicnac 1st October, 2015 @ 20:04

@Chris,
I couldn't do that as it was an electronic signature.
I had to do that on the initial document giving all my details as it was the one the tenant completes when applying for a property. I was just told to miss out anything not relevant to me when given it by my niece.

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Grant 19th October, 2015 @ 21:32

my brother has been my gurantor for three years on my lease. I have not missed or been late with my rent ever. So, there is not ALWAYS drama. He is an attorney and a dr. he just told me to tell him in advance i i get into a situation where i cant afford the rent. i work full time but lost my savings due to identity theft. working to restore everything.

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BJJ 29th November, 2015 @ 05:04

Juvenile, aggressive and unprofessional is about right. Property developers these days seem to be motivated by pure greed with no awareness of the fact that they are being paid by tenants to provide a professional service of a liveable home. There are responsibilities on both sides. The immature contempt for tenants in general that drips from these articles makes me feel that some of you are only getting the tenants you deserve.

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Chris 29th November, 2015 @ 10:39

@BJJ
Let's not tar all landlords with the dame brush. When I was renting I had some very good landlords, who fixed faults promptly without any issues and had a very fair attitude on returning the deposit afterwards (giving me the opportunity to come in and clean the carpets with HIS carpet cleaner or have £30 taken from the deposit for him to get a cleaner to do it).

I had a friend who's landlord, knowing that she had just moved into the area for a job, inciters her to Christmas dinner with his family!

I have had a poor landlord who ignored reports about things needing fixing, and who then tried to day that I should lose my deposit on leaving for things that were already worn. However I think that most do try to do a good job and provide necessary services.

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John Disette 16th January, 2016 @ 14:08

I'm a permanently disabled individual,my income is 775.00 a month and OCEAN.INC. told me the only way I could get a apt. Is I'd have to pay 500.00 a month,this was in 2009 , i didn't know & they didn't tell me they are associated with H.U.D & the law is a low income disabled portion of rent is 30percent of my income, no guarantor needed. Instead of putting me in a HUD low income apt, they put me in affordable housing apt and said my rent is 500 and I need a guarantor to make it. My 82yo father did it, we didn't know about the law, that I should have been put in a low income apt paying 30percent, so I'm still here now, my dad spoke to Ocean.Inc & they have refused to comment only now I know their associated with HUD, I'm enraged for 7 yrs. This has been going on, I only recently found out the HUD &Disability law to protect me, all OCEAN INC has to do is the law, put me in a HUD housing which is 30percent of my income, no guarantor needed,yet they are refusing to do so, their violating my rights as a disabled low income citizen, I don't know where to go or who to ask for help,I need a advocate, & get this OCEAN INC. are HUD housing advocates , yet continuing to ignore my rights, Debbie Bellas is landlord & housing facilitator for Ocean Inc.732 244 2351, please help. John Disette.

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Brenda Bruce 10th February, 2016 @ 15:09

I am a guarantor for my grandson.The landlord has put the property up for auction and g/s has had nothing in writing. When the new landlord takes over will I still be guarantor as I only signed with old landlord. Also, what would happen with regard to the bond originally paid to landlord #1. How will we know #1 wont just keep it?

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Nina 3rd April, 2016 @ 12:54

Hi my brother just has my address for mail to reach him now I find out he has gone guarantor for his granddaughter but put my address down as living here we are so worried as I don't have contact with her that if anything goes pear shaped our address will be black listed and we are a building company that needs to stay clean thankyou ..

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Chris 3rd April, 2016 @ 13:59

Treat this possibility as you would for any other inaccuracies in your credit record. Check it if you think anything is wrong and inform them that the debt of not yours and that the person mentioned does not live at that address.

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Katie 3rd April, 2016 @ 17:00

I stood guarantor for my daughter when she rented a flat as a joint tenant and was very specific in the contract (having sought advice!) that it was my daughter I stood guarantor for! When her flatmate bailed 2 month's into a one year tenancy it meant my daughter was liable for the other girl's rent .... daughter couldn't pay whole rent so I was obliged to. I honoured that, but it meant I had to give up my own rented cottage to do it and sofa surf for 10 months, not fun at 60 ..... I took the fleeing tenant to court to claim rent, which never did get paid to me.
Moral of the story IS ...... don't ever, ever be a guarantor ... EVER!!

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Pam 12th April, 2016 @ 17:52

My son and daughter in law split up myself and her mother where guarentors for their rented property she moved someone else into the property should they have had another contract and the guarentors informed if they wished to continue?

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Andy 6th May, 2016 @ 00:19

Interesting reading all this, maybe the landlord can answer this Question, why is it that LANDLORDS can get insurance to cover any rent arrears and damage to property, While Guarantors cannot not , does this mean landlords get twice the money back and dont you think it unfair that landlords can get insurance but guarantors cant

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Paul 7th June, 2016 @ 15:04

You know what amuses me? The unbearable sense of entitlement that most landlords and letting agents have. Tenants pay a deposit for a reason and fully expect to forfeit that deposit, usually an extremely large lump sum of cash to be paid upfront at the beginning of the tenancy, should they happen to fall behind on the rent and face eviction. It is truly amazing how landlords feel that the world owes them a living, often throwing a tantrum whenever a tenant requires any sort of repair work done to the landlords own property. I personally would advise any tenants to avoid any landlords requiring a guarantor, as it really does say something about their lack of professionalism and sense of entitlement. A security deposit should always be sufficient. In my experience, it is always the the landlords and letting agents who ask for guarantors that have dangerous and unfit properties, throw tantrums over any required repairs and drag their feet when arranging repair work, often employing cheap unqualified work men. Avoid at all costs and only deal with professionals.

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The Landlord 7th June, 2016 @ 15:26

@Paul
Unfortunately, your experience seems extremely limited if that's your stance on the matter.

Firstly, the deposit has to be secured into a 'tenancy deposit scheme' i.e. the landlord can't just take the deposit and use it as they see fit.

Secondly, in reality, if a tenant does fall into arrears, the security deposit won't cover the costs. Barely even a fraction of it. We don't want to lose that money, so why is that a sign of us thinking we're owed a living? We have bills to pay, too. If we fall into arrears with our mortgage lenders and they chase us, do they suddenly believe they're owed a living?

I don't think anyone owes me living, but I want the security of knowing that if the worst happens, I'm covered, or at least have safety features in place which will help limit the damage.

If a tenant plans on paying rent and taking care of the property, they have no reason to fair the requirement of a Guarantor. As said, the deposit is protected, and if the landlord tries to use it in a way the tenant disagrees with, the tenant can dispute it, and then the matter will escalate to an unbiased regulated body (it won't cost the tenant anything).

I'd be wary of any tenant that has a problem with a Guarantor.

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Simon Fanshawe 22nd July, 2016 @ 14:56

This is a difficult area. The problem for a landlord with having a guarantor is that there is a temptation to allow problems to escalate rather than dealing with tenant issues immediately. Think limited guarantees and an obligation for the landlord to disclose all issues in a timely fashion should become the norm.

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Sally 23rd July, 2016 @ 16:39

Hi
I have a question someone may be able to answer.
I have been asked to be guarantor for my sister and I am happy to do it. My bank statements and pay slips are in my name solely, but my mortgage statement is in mine and my husband's name. Does that mean he also needs to become guarantor?
May seem like a silly question but I just want to clarify.
Thanks
Sally

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Chris 23rd July, 2016 @ 16:44

No, think of it the same as getting a loan yourself. Providing your financial position is enough to cover it then your husband doesn't have to sign.

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Shuggy 8th August, 2016 @ 15:39

I am being asked to be a guarantor for my student daughter. The problem her is unlimited liability. Why would anyone sign up to that? Can't landlords take out insurance against such events?

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Steve 13th October, 2016 @ 08:10

I was guarantor for a friend, she signed up to a 12 month contract, when that finished the landlord offered another her another contract then changed his mind a week later ( a new contract was not signed) she stayed in the flat and fell behind with the rent after having a serious accident and was evicted.
The landlord has now contacted me asking for the arrears.
My question is, should I pay even though I only signed up to the initial 12 month contract?

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Chris 13th October, 2016 @ 09:03

The answer is 'probably'. If the rental contract said it could be renewed or went onto a rolling basis then you will have deemed to have become guarantor the same basis.

In the unlikely event the contract stipulated that it will end completely after the 12 months then you are free of it

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Nic 29th October, 2016 @ 13:47

Instead of having a guarantor when I took out my tenancy, I paid an extra £500 as rental insurance, so if I didn't pay my rent the 'guarantor' deposit would be used. I have since bought a property, moved out and the landlord is refusing to pay back the guarantor deposit, or at least give permission for the estate agent to release it. I have applied to the court now too because despite all rent paid and only a little wear and tear, he is refusing to pay back my rent in advance, guarantor deposit and my deposit with the DPS. I contacted the DPS and raised a dispute in August 2016 but I am still awaiting their response, so I have applied to the money claims centre for an order of monies to be returned. The landlord filed a response and I'm preparing a statement. I feel his behaviour is outrageous and I am disgusted.My question would be, in our tenancy agreement it stated the additional £500 used instead of a guarantor can only be used as money for if rent was not paid, can the landlord legally use this as 'damage' costs?

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guarantorneveragain 14th January, 2017 @ 16:02

Rihards Silins or Richard Ace Silins (name on facebook).
DON’T TRUST!!!
Considering of being guarantor or trusting this person? Think twice!
Richards Silins left HIS RENT ARREARS UNPAID AND HIS GUARANTOR HAD TO PAY IT.
In November 2014 I was asked by Rihards Silins ( the guarantee) who was colleague of mine at that time to become his guarantor because he wanted to rent a room from an agency in Lincoln city but he did not have money for deposit. I was not familiar with a guarantor term and risks at that time and I signed an agreement to become the guarantor of Rihards Silins and the guarantee successfully moved to the property.
In March, 2016 I have contacted Rihards Silins via social media website Facebook regarding guarantor cancellation as it was too risky to stay the guarantor of person who is not your co-worker anymore. The guarantee agreed with my request but he did not commit what he promised. I had tried to contact him several times via social media, phone but I was ignored.
I received email from the agency in October, 2016 that Rihards Silins had not been paying his rent for 2 months. Also it is important to mention that Rihards Silins was paying his rent weekly and he also did not informed me that he was failing to pay weekly. I contacted the guarantee via social media website Facebook , I got a reply in an inappropriate language and he was denying that he has arrears.
At the end of October, 2016 the agency informed me that Rihards Silins moved away from property but left unpaid rent of £600. Later I was trying to contact the guarantee several times by phone and by email with no result. Also the guarantee blocked me on social media website Facebook which was the best way to contact him. The agency also was trying to contact the guarantee regarding the debt but unsuccessfully.
I have paid guarantee’s debt of £600 and made court claim against him
I have never met such an evasive and irresponsible person.
So if you meet Rihards Silins or Richards ‘Ace’ Silins ( Probably ‘Ace’ of evasion) , I advise you:
Avoid and don’t trust this person!!!
His facebook: https://www.facebook.com/ACE.GSTYLE4LIFE?ref=ts&fref=ts

And I wouldn't advice you to be a guarantor at all

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Terry Edwards 19th January, 2017 @ 17:22

Having just read most of this script it's funny how the same stories keep on cropping up of guarantors complaining about what THEY HAVE VOLUNTARILY SIGNED UP FOR.....

Note to potential guarantors. If you're being asked to sign a document as a guarantor, it's generally because the potential tenant has a bad credit rating, has previously missed payments, declared bankrupt etc, so in a landlord's eyes, a far riskier position than a "normal" tenant who hasn't done these things. If the tenant was buying a house then the mortgage company would do exactly the same checks right? The landlord is putting the tenant in day to day charge of an asset worth > £100k and if they look risky then surely its understandable for them to ask for more certainty via a guarantor.

If you are not 100% certain that you entirely trust the individual you are guaranteeing then DO NOT DO IT. If it's a son/daughter etc and your relationship is good then I can understand but all these tales of guarantees for workmates/friends/neighbours - it's ludicrous. If you get asked to make good on the guarantee then that's what you've signed up for so suggest you pay up and save the tears.

Sounds harsh but that's the reality of signing up as a guarantor. You're guaranteeing the rent, any damage, any losses, and any expenses. Do so at your peril.

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Shuggy 20th January, 2017 @ 13:45

My problem is that this was mandatory. No guarantor, no flat. Yes, we could have walked away, but what if more and more agencies are forcing it upon you?

My other objection is that I was told that the need for a guarantor lapses if the tenant earns £12K or more. Now this made me realise what a nice deal these landlords have. Suppose the guarantor earn £100K a year? Does that mean the landlord is entitled to take the guarantor for every penny or should it be capped as if they earned £12K.

Scam.

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Jane 26th January, 2017 @ 21:20

Hi all. I am going to sign for my elderly mother. She is on a pension and will receive housing benefit. I have no concerns about this other than : should she die before the end of the lease, can I be held liable? I hate asking this question but it is a very real concern as she is 78 and ailing. Thank you in advance.

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Chris 26th January, 2017 @ 21:24

Jane,
Speak to a solicitor or citizen's advice. I think that contracts are usually deemed to end on the death of one of the parties, but I'm not sure.

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Jane 27th January, 2017 @ 00:11

Due to limited time, I've been relegated to searching the Internet tonight and I've found very conflicting advice. A. It does. B. It doesn't as ultimately a lease - fixed or periodic - is a promise to pay which cannot end simply by virtue of death. The balance of the rent for the fixed term simply becomes a claim against her estate. The guarantor, by extension, is then also not released by virtue of death. That being said - they know she relies on the housing benefit to pay the rent and if she dies, the council simply stops paying it over. The council does not appear to be bound by any such legalities despite she has always had to rent privately due to her situation and the lack of available housing. Not to mention that it's nigh on impossible in my area to find decent private renting that doesn't insist on a guarantor. I will phone citizens advice in the am, but I'm feeling bound to insist that the guarantee I sign has to state my responsibility will end either on her death or the end of the lease, whichever comes first. I can accept a responsibility should endure due to non-payment by a tenant, but, in this instance, her age is very apparent so no-one involved here could claim the chance of her dying prior to the termination of the fixed period is anything but a very real possibility. The landlady herself is a apparently an elderly woman so must be fully aware of the risks of renting to my own elderly mother. It's also abundantly clear that as she rents and has to rely on the council to assist, there is no 'estate' after death to cover anything like the possibility of all the rent to cover the balance of a lease coming from her estate, if it should happen that she dies prior to the ending of the fixed term. I would appreciate any further thoughts on this from anyone, but thank you for replying Chris.

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Megan 30th January, 2017 @ 05:32

Hello, i am 21 years old and wanting to rent a home. My dad is going to be my guarantor. I of course will pay my rent on time as i never want to hurt my parents but we have sat down and had a proper talk about what would happen if me not paying my rent ever did happen. My dad of course would help me out and we've discussed also if he would be able to and long story short yes him being my gaurabtor is still going ahead. I just would like some questions answered though:
* How can i protect my dad other than paying rent on time? For example i know there are tons of good landlords but i have read some stories where the landlord will claim you have damaged the property when youve left even though you havent. How can i make sure this doesnt happen? Like should i take photos of the property in the state ive left it when i leave just in case?
*Also when i leave the property and decide to move and leave the landlord foes that mean my gaurantor has left too. Like if i end the contract and move will that end the contract between my guarantor and landlord. Im scared that after ive left a landlord could get another tennant and use my dads gaurantor agreement for them! Obviously if i damage the property the lamdlord will still want to be in contact with my guarantor i know that. What i want to know is if i move and the property is in fine condition is that it my guarantor and me are free from that landlord?

P.S im really sorry that i have gone on a bit its just late at night and ive been worrying and i know that i will have made tons of typos and im sorry for that.

Thank you!

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Chris 30th January, 2017 @ 16:32

Megan,
To ensure that you don't have to pay for damage you didn't cause photograph any defect. When you view the flat do this and point them out to people showing you around, and if you spot any more when you get in do the same.

Post these on Facebook or something which will show the date taken and send them to the landlord. If you point out minor defects make it clear that you don't need a fix but just wanted it recorder that it was like that prior to you moving in.

When you leave photograph everything again, and post it also. That way if any damage happens after you leave you can prove that it was OK when you left. If you are really paranoid include a current daily paper in the shot so the landlord can't say you posted an old paper.

The guarantor's responsibility ends when your tenancy ends, in other words if you have an initial six month period and you have to leave before then he could have to pay rent for the rest of the period - though most landlords would try to find a tenant and terminate when they move in if there is a good reason, possibly adding some letting fees.

Similarly if you go on to a rolling monthly basis you would have to pay to a month after you give notice

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