Guide & Risks Of Being A Tenant Guarantor

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?

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

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.

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.

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.

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.

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.

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!

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

What a bunch of greedy, smug, crass, insulting, generalizing arse holes you landlords are. I hope you all get what you deserve.

"What a bunch of greedy, smug, crass, insulting, generalizing arse holes you landlords are. "

Lol, anyone else see the irony/hypocrisy in that comment?

I acted as a guarantor for a boyfrind some 18 months ago. This was with a letting agent. After the initial 6 months contract the tenancy agreement was transferred over to the landlord. My relationship with this guy ended 6 months ago and I have recently emailed the landlord informing him the change in circumstances and therefore asking for my guarantor obligation to be surrendered. He has not replied to my email. Any advice please!!!. I am a home owner and have never lived at the rented property myself.

I think this is not right. Landlord should do they check and don't involve innocent people in their business. Because rogue landlord like A Masud is a serial fraudster. He sexually harass is tenant when they refuse. He fabricate all sorts of charges.
He made sign a guarantee deed while we were on holiday not the original and the guarantor never saw the tenancy agreement. Now he is asking for £10000 of arrears plus damage to the property. He is a rich and he can't hire top barristers. He says he never loss a case against a guarantor. I think this man needs to be exposed.

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1. Tenant wanted two rooms decorated prior to moving in.... Done.
2. Also decorated the hall, kitchen and renewed a couple of carpets.
3. New boiler 1 year old.
4. New kitchen approx 18 months old.
5. Tenant wanted to delay payment to beginning of the month because that is when they get paid. Done.

Still waiting for my first months rent! will I feel bad about claiming from the guarantor? Not a chance. I have done everything asked of me and the rent is below market value.

Give me my money and get out. Don't blame anyone but themselves! I don't go into a supermarket and expect not to pay, what if their income was reduced because their employer couldn't be bothered to pay?

Oh, don't worry about it! or would there be threats etc.....

Your comments have nothing to do with hitting the nail on the head. They are just a piece of shit as you put it yourself. People sign on very good faith. They may themselves fall into financial difficulties and therefore don't need additional burden. So review your nasty rubbish blog to an intelligent one. We are looking for answers and advice not abuse. Thank you.

Hi,

I once guarantor for a friend who was on housing benefit. The letting agents knew this and only accepted people who claimed housing.

She had problems with the claim, fell into arrears and was served with a section 21. upon receiving this she looked for different accommodation and once found, let the agents know she would be leaving, giving 1 months notice. This notice finished before the end of the tenancy.

The letting agents are claiming for over £500 more than she believes is owed and has disputed it on numerous occasions but rather than discuss with her, they are coming after me for the full amount.

I'm under no illusion about what i signed up for but I have a few questions:

1) Can the letting agents refuse a payment plan from the tenant?
2) If the tenant disputes a section of the claimed amount, and has made them aware of her dispute a number of items but has been ignored, can they claim it from me as guarantor?
3) Can they, under the current circumstances, realistically take me to court as guarantor?

Thanks

Let’s hope interest rates sky rocket to 15%
These buy to let landlords will be scrambling over themselves to take tenants any way they can.

Derrrr....I was being facetious

But then more seriously, rates are by no means what any rational economist would consider normal and should be around 4 / 5%
Retail Rates and BOE base rates are inversely related. And also just to add, it’s not beyond the bounds of imagination to see a labour government hike buy to let rates, I mean really hike! for new buy to let mortgages.

Indirectly !

Is there a way to limit your liability as a guarantor to just rental payments? I'm assuming that would rely on what the tenancy agreement says but thought I would check.

David (both a greedy good for nothing landlord plus someone willing to help out another human being?)

Is there such a guarantor agreement which is time based? where I’m only required to act as guarantor for the initial let term agreed i.e. 6months or 12months? After which point (in accordance with the agreed notice period) I can terminate the agreement any rolling month thereafter?

My dad went guarantor for my nephews girlfriend (now ex and who has now been evicted) My dad only went guarantor for her as she said she was pregnant and lied about it until 3 weeks after due date. She was getting housing benefit for one bedroom but didn't get full housing benefit because she never had a baby. My dad has now been landed with bill for £1336 for rent arrears plus got a bill to come for all the damage. Plus 2 months full rent went to the wrong landlady and she has never gone to housing to sort it. My dad is 79 in January and cannot afford this. Does anyone know whether in these circumstances because he signed to be guarantor that he still has to pay it all despite being duped into it.

I'm afraid he signed up so he will have to pay. It is up to him to claim from the nephew's ex.

I was under the impression that if the rent wasn't paid then the letting agent on behalf of the landlord would contact me and then I could pay the overdue rent - this never happened and the first I knew of it was debt collectors contacting me and requesting the outstanding rent plus their charges - surely this is totally the wrong way ... also the letting agent never sent me any paperwork re- tenancy agreement or guarantor agreement - so I'm a bit in the dark as to my obligations anyway - all I do know is that the landlord/letting agent gave rather exaggerated and unsubstantiated reasons/excuses to force my son to leave the property. any suggestions where to begin?

I have been asked to be a rent guarantor for a friend. The tenancy is for 12 months, can I stipulate 2 things?
1 that the guarantor is only for the 12 months, and not to be extended, and have that written into any agreement, so no rolling over as outlined above.
2 if my friend falls into arrears, can I insist that I am informed immediately if a payment is missed.

I suspect the answer is "you can ask...."

Thank you. I want to help my friend, but also want to know what the position is.

P62 - as you say - you can ask.

The reason guarantors are so concerned about the contract is because thieving landlords and letting agents make up damages etc and overcharge massive amounts for trivial things.

I spoke to the estate agent who is helping me and 2 friends find a flat and from what he said to me we would need a single guarantor to guarantee the entire place? This is on the basis that the contract would be one where we are jointly and severally liable. I'm a bit confused, I know plenty of people who have rented in groups and whose parents have guaranteed just their portion of the rent so could it be that that is just the case for this particular landlord agency? As in, they only work with landlords who offer these types of contract. Very lost, would appreciate some coherent advice please! I personally earn enough to not need one for my portion so would just be a bit annoyed if this trio fell through because noone's parents were willing/able to guarantee everyone!

If your a guarantor on a 12 month lease are you liable if tennant stays in house with no new lease for 6 months then move out

Hi guys just looking for some advice, I have a tenancy that is ending in 3 months and I am not staying at the property anymore, the flat mate is a waste of time and space and do not get on with her at all, its became unbearable so currently living temporarily at boyfriends family.house and still have to pay rent for that flat for next 3 months and then its finished. I am badly wanting to move out I'm in process of wanting to rent a flat for myself.this time and I have a guarantor along with partner will that be enough to pass referencing or will they fail me as I have another flat I am renting that's due to finish in June? Or can I pay upfront the full 3 month rent to be rid of it ?
I'm just confused and need advice , I'm sure you are allowed to be able.to rent 2 properties?
Need help

As a guarantor for my daughter who has moved an undesirable in with her. Can I legally ask him to leave

Hi,
I have been asked to be guarantor on my sons shared house at uni, two of the students are not having guarantors and are only being asked to pay 6 months up front but I will be guarantor for 12 months. Should they have to pay 12 months up front or should I only be guarantor for 6 months?

It depends on the type of tenancy. If it is an HMO and each student has a separate contract then if doesn't matter to you what the arrangement with other students is.

If they have a joint tenancy then they are all responsible for the rent. If any of them don't pay the landlord can come after the others and to you. In this case I would not sign for 12 months if they are only paying 6 up front. As you say, you should only sign for 6 or they should pay 12.

I've no objection to being a guarantor for my own child, but why should I be jointly and severally liable for all the tenants, particularly as they are people my child has never met? I've looked into this in detail, and landlords often pursue the guarantor who is most likely to pay. So if the other tenants default and their guarantors 'disappear', then I could be liable for all the rent. I am looking into insurance for this, but I would prefer individual tenancies.

Felicity, I agree. don't sign if you are not happy with the contract. Hold out for one that limits you to your childs portion.

I had a shop that the landlord set up a 5year contract with a 3 year break
After 3 years due to my oartner taking ill I put the business up for sale but only notified the landlord 2 days after the 3year lease break date so he only would let his property out to the new tenants on the understanding I would be guarantor for an extra 3 more years i felt I had no choice
With 6 months left of the new contract to go the new tennant has not paid i understand I had signed up to do that but I lniw fir a fact the new tennant who's refusing to pay is not in financel difficulty its all over Facebook shes going on lots of holidays just got married having stuff done on her home
So is this a matter of can pay but won't pay
Do I have any legal rights myself I have paid all the outstanding bills upto date but feel I'm being mugged off
Any helpful suggestions please

I’m hoping for some advice. I became guarantor for my nephew and his girlfriend for student let. After a few months his girlfriend left all totally out of the blue , luckily I was in a position to support paying the rent which was tough. Where do I stand with her paying me back? She stayed on the rent agreement and didn’t support in paying other bills they had racked up together. She has admitted to owing me money and we agreed a payment plan and I wasn't expecting her to pay for the rest of the term ( 8 months .. only 3 months and her council tax bill, even though she was a named tenant ) This money has not materialised, where do I stand ? TIA

Emma, unfortunately you'll most likely have to take her to a small claims court to recoup the money if she isn't prepared to pay...

I am guarantor for son’s ex wife, for the grandkids sake. 2 years in, I heard a boyfriend moved in. He’s since left but left her financially much worse off as they used all his furniture and he’s taken it all back. She has told a friend she’s thinking of moving back to parents. If there’s damage above the deposit, how would I stand? I accepted the agreement as it was but I didn’t agree to be guarantor for boyfriend at all as I don’t know him.

Hi Jen
Sorry to be the bearer of bad news, but this is just what you signed up for as guarantor. If there is damage and unpaid rent that your sons ex wife can't or wont pay then you are almost certainly liable. Suggest you speak to the ex wife first and find out what the score is. The best outcome would be for her (and the boyfriend) to pay what they owe. If you think they cant or wont pay, then seek legal advice, but I am not optimistic about your chances.
Good luck
Elbee

Elbee is right, you signed up and are liable. However you could take civil action against your daughter's boyfriend or even against your daughter to recover the money. Whether or not it's worth doing so friends on the amount, their ability to pay, and what future relationship you see having with them

My husband has just found out he has a half sister he didn’t know about, which has now been confirmed through DNA. She has now asked him to be a guarantor for a rental property where we live (she lived a few miles away previously). He’s agreed and signed the tenancy agreement without reading it or informing me. Says he wanted to do it “to help her out” Does this have any implications on me? We have our own home, and I worry that if he had to pick up the debt from her it would affect him paying into our home..

Hi Andrea, oh dear! Never a good idea to sign a contract without reading it. If she defaults on her rent for any reason, your husband could be liable for it and that could easily run into thousands, and the really bad news is that he can't now get out of the contract unless she can find another guarantor. Sorry to be the bearer of bad news. I really hope the half sister pays her rent! Best of luck.

I am currently guarantor on a property my father is renting. Have been for 4 years. He is being evicted due to nuisance behaviour. He's basically turned to drink and drugs the past 12 months and his life has spiralled. Police call outs, drug dealers visiting, late night arguments etc etc resulting in numerous complaints from the neighbours. Totally understand why she wants him out, unfortunately I am unable to get him out of the property nor is the landlord so she is going down the legal route and taking court action. No one is more sorry that this is the case than me! I am absolutely mortified that I vouched for him as a responsible tenant. All rent is up to date and I have put into writing that I will personally take care of all the damage once he has been removed from the property (currently a couple of broken windows and a fence that we know about). The landlord is now saying she has started an insurance claim for the legal costs and damage and that I will then get a bill for all once they have completed works. Apparently I can't have access once father has gone to get my own workmen in because the insurance company won't allow a family member to have the keys once eviction has taken place. I am more than willing to honour my responsibility when it comes to being guarantor but not when it comes in the form of an insurance bill 10 times what it will cost to actually correct the damage. What I'm wondering is how would this work? I don't have a contract with the insurance company. I have a contract with the landlord which I am more than happy to stick with in terms of repairing/replacing any damage he has done and continue with the rent up until eviction day! However she wants to use an insurance company to pay for everything and then let them bill me. Would really appreciate any help or advice. Thanks for reading

I was asked by my partner to be guarantor for her friend as we both own our house. the tenancy was for two years and all was good. Circumstances have changed with her having been through Chemotherapy and her friend going into arrears. Ill cover these but why should i have to be into an open ended agreement after the two years till he dies or I die? I've informed the management company that i will not be carrying on after the 2 years are up and that she wasn't in the correct mental state due to the chemo but they disagree and are asking me to get another guarantor otherwise i end up in a open ended agreement with no rights whats so ever. where do i go from here?

I think you should get legal advice. I have heard various claims made about guarantors, and I don't know if they are correct or not. Three that might be relevant are:

1) If the rental terms change in any way, such as a rent increase, and you were not informed and given the option not to accept, then you are no longer obliged to cover costs.

2) If the agreement you signed was for a fixed period then your guarantee ended at the time that did, even if the landlord extended the tennancy, unless of course you signed the extension too.

3) If you give notice that you are terminating your guarantee that is at least as long as the notice that the landlord would need to serve the tenants, plus a reasonable time for the landlord to prepare documents and serve notice then if the landlord does not terminated the tennancy they are deemed to have accepted the tenants without a guarantee and you are no longer obliged to cover anything. However if the landlord does serve notice and they fail to leave you will still be jointly responsible for any unpaid rent, eviction costs, and damage to the property.

As I said I don't know if this is correct and I suspect it depends on the terms in the agreement you signed. I would seek legal advice, and if sending notice to the landlord do so via a solicitor's letter.