How Do I Stop Being A Tenant Guarantor?

My son and his wife have just asked us, the parents to be a guarantor for a new build rental. I stated right from the start I was 99% positive I didn't want to do it but I would seek advice from various sources. Today I rang the Landlord and asked advice on being the said guarantor to which they sent me a draft copy:

IT IS HEREBY AGREED THAT:

1. In consideration of the Landlord agreeing to my/our request to accept (“the Tenant(s)”) as the
Tenant(s) of the Property known as (“the Property”) upon the terms and conditions of the
agreement attached hereto (“the Agreement”). If the Tenant defaults the Guarantor hereby
agrees to:

a. Pay rent at (rental amount) per calendar month upon demand; and b. Fully compensate the Landlord for any loss, damage, costs or other expenses arising
either directly or indirectly out of any breach of the Agreement.

2. The Guarantee shall continue throughout the period that the Property is occupied by the Tenant
or any licensee and is not limited to the term specified in the Agreement. This Guarantee will
continue throughout the Tenancy or any extension renewal or re-grant continuation of the
Agreement whether for a further fixed term or periodic tenancy and whether it is created by
agreement between the Landlord & the Tenant or by operation of law or otherwise.

3. The Guarantor will also be liable for any increase in rent agreed between the Landlord or any
person acting on his behalf and the Tenant in accordance with the provisions of Clause 2 of the
Agreement. If the rent is increased by any other means the Guarantor must be notified prior to
the Landlord and the Tenant entering into any extension document or subsequent tenancy or
the service of any notice under section 13 of the Housing Act 1988.

4. The Guarantor’s liability is joint and several with the Tenant. This means that each will be
responsible for complying with the Tenant’s obligations under the Agreement both individually
and together; and the Guarantor’s liability will not be discharged or affected by any act, neglect,
leniency, other concession or time given to the Tenant by the Landlord endeavouring to obtain
payment; or in the enforcement of the Tenant’s obligations under the Agreement.

5. This Guarantee shall not be revocable by the Guarantor nor will it be rendered unenforceable by
the Guarantor’s death or bankruptcy.

6. If the Guarantor is a company, the Guarantor’s liability shall continue if the company changes
ownership, alters the name of the Guarantor, or is amalgamated with any other Company or
organisation throughout the period that the Property is occupied by the Tenant or any licensee
and is not limited to the term specified in the Agreement.

7. If the Tenant defaults during the initial Term or any extension or renewal of the Agreement; or in
the event of the Tenant being declared bankrupt; and the Tenant’s Trustee in Bankruptcy elects
to disclaim the Tenancy; then on demand the Guarantor will indemnify the Landlord against all
losses, claims, liabilities, costs and expenses arising out of or in connection with that default or
disclaimer; or incurred by the Landlord in connection with the default or disclaimer.

8. If the Tenant surrenders any part of the Property to the Landlord and the Landlord accepts that
partial surrender the Guarantor’s liability will continue in respect of the part not surrendered.
Any liability accrued at the date of surrender will stand.

9. The Guarantor will pay any and all reasonable costs incurred by the Landlord in enforcing this
Guarantee and the terms of the Agreement or any extension renewal or re-grant continuation of
the Agreement, whether for a further fixed term or periodic tenancy, and whether it is created
by agreement between the Landlord & the Tenant or by operation of law or otherwise.

10. The Guarantor is not permitted to ‘opt out’ of their responsibilities at any time during the term
of the Agreement unless this is specifically agreed in writing by the Landlord.

11. The Guarantor accepts all these obligations and duties imposed upon him as Guarantor.

The terms are without a doubt stacked towards the landlord in every way and TBH I can understand why in this day and age, So I've to my son categorically NO! But they are pestering me to reconsider, to the extent of getting the landlords representatives to ring me up to give 'advice'..

You see it's not the affordability, it's their bad credit rating that's holding them back, But I dont want the worry for the next possible DECADE or more of being their guarantor even if they leave part way throughout the tenancy, without notice of course.
It doesn't help when different advisers give them different advice ie: this is just a draft document, we can change it accordingly. when I ring it's No we wont change the terms, and why should they.

DONT BE STUPID, DONT BE A GUARANTOR.. It will in all probability, end in tears. Now I'm waiting for the fallout from refusing to help!! Parents just cant win can we.

Hi,

I was a guarantor for a friend but when his tenancy was renewed I declined to sign the new contract. Does it means that I will automatically still be a guarantor?

Ella, if the tenant has moved house I think the guarantee comes to an end along with the tenancy. Get legal advice if you're not sure.

Jim, I feel your pain. We declined to be guarantors for my daughter (bad with money and worse taste in men). Relationship has never really recovered despite the fact we stumped up six months rent to enable her to get into the property. We know we are unlikely to see that money again, but at least we knew how much we were in going to lose. As guarantors, and with retirement looming we simply could not afford to sign an open ended contract with no way out.

Sylvainlogie, unfortunately guarantor contracts are usually worded in such a way that you can't opt out until the tenancy ends, or a new guarantor steps in. Seek legal advice, but I suspect you are stuffed.

Those of you considering being a guarantor, read the contract and know what you are signing up for.

My ex entered a Tenancy assures short hold agreement with only her as tenant but the landlord had put both mine and her name on the guarantor Contract does that still hold As it has wrong information on it but still been signed by the guarantor.

Jordon, it's a little unclear exactly what you are asking but if it is whether the guarantor is still liable then I think you/they would need to seek legal advice. Its possible it could only be decided in a court of law. If you have any liability in terms of the rent and associated costs, I urge you, whatever the situation with your ex, to pay your fair share so the guarantor doesn't get called upon to pay up. Happy new year. Elbee

I was friends with a couple a long time ago, maybe 8 years. At the time they found a house they really liked and didn't want to lose the opportunity so they asked if I could be their guarantor because their parents couldn't at the time (can't remember the excuse). I agreed to it on the condition that they would change it soon thereafter. On that same year we had our first child and basically lost all contact with them since. Fast forward all those years and I'm asked to be a guarantor for my sister in law which I accepted. However, this prompted me to call the old estate agency which told me that I'm indeed still their guarantor. I did not understand at the time that I would be their guarantor forever as the fixed term was 12 months and they had agreed to change it. I'm paying a mortgage and don't want the extra responsibility of being the guarantor for two rents. What are my options?

Hi Luis
Sorry to be the bearer of bad news but these guarantor contracts are set up in such a way that you can't get out of them. As your friends having been paying their rent for many years without issue, hopefully they will continue to do so. However, you could contact them and ask them to see if they can find another guarantor. Failing that, seek legal advice. If you have already signed the contract to be guarantor for your sister in law then you should be aware that you will find it hard to get out of that if circumstances change as well. If its not too late, you might wish to reconsider.
Wishing you all the best. Elbee

Hi could you please help.
If a a letting agency for a property changes hands.
Do new guarantor deeds need to be signed with the new company. If not does the contract then come to an end with the guarantor

If a new contract is issued do the guarantors.
Have to resign a new contract

I have been reading a lot of information on different sites about guarantors and there seems to be a lot of support for landlords and tenants but to guarantors. We sign the guarantee in good faith and then are presented with contracts we don't understand. I was sent a contract to sign quickly whilst at work and assured by the agent it would be for a fixed period, this is stated in the first page of my agreement. Then in the small print it expands to say I am responsible if the contract continues after the period.
The contract was sent electronically and the signature from the agent don't match up and I am wandering if my contract is even legal now. I was only sent the tenancy agreement after my son had signed it on the day my guarantee had been counter signed.

If a guarantor agreement has not consideration for the guarantor is it no balanced only in favour of the landlord and therefore unfair.

PK99
Unfortunately some lettings agents are somewhat unscrupulous and put pressure on potential guarantors to sign contracts without having much chance to read or understand them, or to take legal advice. I agree with you that this system is very unbalanced to guarantors for whom it is very difficult for them to terminate the contract if their circumstances change. Guarantors get no protection under the unfair contracts legislation because that only applies to consumer contracts (which these are not). Currently the onus is entirely on the potential guarantor to make sure they understand and are comfortable with the contract and everything this involves. Personally, I believe the estate agency industry needs a code of practice (preferably backed by legislation) to ensure that they do not mislead or pressure guarantors. In your own case, I cannot comment whether your contract is legally enforceable - you would need to take legal advice on this. Otherwise, the responsibility lies with your son to ensure he pays the rent and looks after the property. Best wishes. Elbee.

Hi , I have been a guarantor for my ex wife for nearly 2 years an recently our son has decided to come live with me as there were issues at his mother's house and because he is at an age where he can pretty much decide for himself where he wants to live (although still at school) it has caused some friction between his mother and myself so much so I have advised her that I want out of this arrangement in fairness to her she has always paid her rent but with the current situation regarding our son she has made no bones in informing me that she has no intention of paying her rent and land that responsibility on to me, I have made it clear that I just can not possibly afford to pay rent aswell as run my own home and her decision would without doubt put me in serious debt but to no avail it would seem this is how it is going to be I am going to attempt to write a letter to the letting agent and hand deliver it explaining the position and the ramifications of her intended actions in an attempt to hopefully get them to terminate the tenancy I can not stress how much pressure this is having on myself although some readers would probably say it's my own fault but given her previous home was so under maintained by that particular landlord I couldn't see her an my son on the street so I kind of felt like I had an obligation to help I didn't anticipate the situation developing into what it is now can anyone give me any useful advice if possible

Hi Ray, what a horrible situation to find yourself in. Unfortunately, as you clearly know, you will be responsible for her rent if she doesn't pay. What she may not realize however, is that her landlord it not going to want a tenant like that, or to have to go through the hoops of chasing a guarantor for her rent. You are right to keep the letting agent/landlord informed. At the risk of upsetting all the landlords on here, you might want to not be too quick to pay her unpaid rent. Landlords are not going to want that kind of hassle and will evict her sooner or later. She will be making herself homeless. Seek legal advice as soon as you can. I wish you all the very best. Elbee

Thank you for your advice I do appreciate it

I don't know if this is relevant but since signing up as guarantor I have not had any paperwork at all no copies of tenancy agreements or copies of guarantorship or copies of property inspections could this be if help for me to end my responsibilities with this issue

Ray, when it all goes pear-shaped, remember to ask Elbee to pay your costs when you lose in court.

Your wife, whatever her reasons, is potentially, putting someone she doesn’t know out of their home, should the person your guarantor for be made homeless.

In my mind, that makes you liable for damages, depending on what you signed for.

Most deeds of guarantee last for as long as the tenancy is in force and will be written as such.

Does it stipulate that it will be cancelled, if your wife is a bit of a cow?

If you don’t have any paperwork- I would hazard a guess that you have signed that you have, because my agreements acknowledge my guarantors have read the agreement and offers them the chance to take independent legal advice, BEFORE signing.

Do you think your wife invented “awkward bitch” ?

Deeds of guarantee & their application are centuries old.

I wonder if a court has ever heard a guarantor before, saying “I never got a copy”?

Have you told your guarantee to obtain a replacement, as the landlord would be facing a breach of deed?

Read what you signed, because I bet it says you acknowledge your responsibility in consideration of independent legal advice being available or words to that effect.

My apologies Ray, I have just read your post again and realise that it’s your wife heading towards an eviction.

So basically, your wife is making herself intentionally homeless, which won’t go down well with the local council.

Depending on your landlords viewpoint, he or she may issue a summons against both of you to save on court costs via a notice under section 8 of the housing act, which will include a money order judgement.
If the landlord has to enforce the judgement with a warrant for possession both your credit files will be badly hit.

If he or she chooses to go down the Section 21 route of the housing act, there is no money order attached, (no fault eviction)

If He or she sues for breach of deed - you’re in for a judgement against your credit file, (should they win).

You have signed a “Deed” and it will have been witnessed, if not witnessed it’s not valid anyway.

But contracts can also be verbal but you’ve acknowledged it’s existence by communicating about it.

I signed as a guarantor for my granddaughter 7 years ago,it was for her to rent a house but last 18 months has been a nightmare,getting demands off her landlord to pay her rent arrears,then I got a county court judgement to pay her debt off monthly,of which is happening now,also they put a charging order on my house and now land registry has sent me a form for a restriction order on my house,what I would like to know is am I still a guarantor,now that I have been blacklisted by the courts and how do I get out of this guarantor

Hi Kevin
I am really sorry to hear your granddaughter has put you in this position but this is what you signed up for when you agreed to be a guarantor. Regardless of the CCJs etc, if your granddaughter is still in the property, you are still a guarantor and it is very difficult, if not impossible, to get out of it. The only two ways are for your granddaughter (or the landlord) to end the tenancy, or for your granddaughter to find another guarantor. You would need to seek legal advice to see if there are any other avenues open to you. Good luck.

Hi my nephews landlord has put his rent up twice without my knowledge and has taken out a new contract with him going from a letting agency to doing it privately . I have told him over a year ago i wasnt willing to be the guarantor anymore but he still insists i am . Im not sure what to do

Hi Erica, it depends how your contract is worded but the likelihood is that you are still the guarantor. I suggest you seek legal advice. Good luck. Elbee

I acted as guarantor for my nephew, everything was fine until he split with his girlfriend and then he became late with payments. We said we would have to stop being guarantor at the end of her lease for the year. We thought we would be o.k and could get out after 12 months, as this was only a few months away. However, we contacted the landlord they have responded that you cannot get out until the tenant has given notice and they are in a rolling contract. Since we told my nephew he is being frosty, I'm fearing we could get properly stitched up here. How do we get out this, it was never meant to be indefinitely....help

Anthony, sorry to be the bearer of bad news but this is what you signed up for - yes, indefinitely. It is very difficult to get out of these contracts. It either ends when the tenancy ends, or if a new guarantor is found. Seek legal advice to find out if any other avenues are open to you. Good luck. Elbee

It’s always the same pattern for guarantors, you are guaranteeing that your aquatinted is irrelevant at the time of default and you will step up and pay.

What tenant is ever going to give up a running tenancy, when they have a gold standard guarantee that should they wish to spend the rent on weed or motorbike spares, some numpty that signed 6 years ago will be held responsible for as long as they don’t budge?

A house is a financial asset worth up to 1/2 a million quid in some parts of the UK.

The landlord has to have some kind of guarantee that a complete stranger, who says they will pay in a contract, actually does.

A guarantor signs a ‘DEED’ , with quills, wet ink and witnesses not a consumer contract for a fridge.

If you could get out of a deed by saying “ I quit”, the landlords of the country would go bust overnight, along with most banks.

The best solution for a guarantor is a baseball bat with the tenants head in its path.

Get the tenant to pay and your problem ends, but your liability won’t until the tenant leaves.

Thanks Elbee, so there are no get out clauses. The contract was for 12 months and they is subject to rolling so we interpreted wrongly. Yes, thanks Gary I recognise the importance of entering a legal agreement. But, I don't think people who are not landlords see that being the financial safeguard for someone on their rent has the same longevity or commitment as a 25 year mortgage. It was meant to be supportive thing to do for a year or two at most get them on their feet and perhaps after a sustained period of employment that they would no longer require a guarantor. The baseball bat option is not really an option. We wanted to move and now we can't because of this commitment there must be another way out. Surely there should be a review built in or some part of the contract. If we go down the non payment route we will end up with defaults and judgements, but there must be a way to get them evicted without have to refuse payment Is there no arrangements you can have with a landlord or power to say i want to cease payment and them moved out?? Or how about as I am paying I might as well move in there too and at least get value for money

Don’t get me wrong, Anthony, the people at fault are the legislative numpties in Parliament.

Even now they are listening to people who have a loud mouth and no brains.

If a landlord has a mortgaged property it really belongs to a bank, because if they miss their payments the bank will start repossession, they are not sentimental and will be brutal.

The loans that are taken for rented property are not classed as consumer loans, they are classed as commercial and don’t get the same FCA leeway.

The government has just announced that tenants now get 6 months notice and granted another 3 wishes to any delinquent tenant.

It’s just virtue signalling for free, but someone’s going to pay for it.

It’s going to get tougher for guarantors.

Agree with you on that one Gary. Hard times ahead for guarantors. I think this page is going to get busy too! I do think there is room to improve the current system - in particular making sure that guarantors understand what they are signing up for- which as we know, is not happening at the moment. Have a good week everyone!

A local lady became guarantor for single mum some years ago, who was on housing benefit, so rent has not been a problem. However, single mum now on remand for very serious offences and very unlikely to be released within the next decade or more. Guarantor given keys by police, but then had to return them to letting agency, as a relative planned to take on the property, and was given the keys. However, relative has now disappeared with keys. Guarantor now very worried she's going to lose her house. Have advised she should see a solicitor, but does the contract cease when agency took back the keys?

The tenant should sign a deed of surrender, which simply states they are ....
1. Giving up the tenancy of their own free will.
2. Have been given the opportunity to obtain independent legal advice and have decided to carry out the surrender, regardless.
3. Get it signed.

But you’d still be responsible for the outstanding arrears.

The tenant could easily say the agent wanted access for boiler inspection and changed the locks and illegally evicted without a court order.

They shouldn’t be allowed to sublet to anyone else in the tenancy agreement.

Goto Shelters website to see what they currently advise tenants facing prison, as remand prisoners are normally protected from eviction by statute.

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Hi
Looking for advice.
A friend of ours was a guarantor for their Mother in law. As far as I understand it was a rolling monthly tenancy. Unfortunately the tenant Has died before she did her middle aged son moved into the property without our friends knowledge. The landlord has said the rent is paid through until feb 1st but the tenant died in December.
Our friend has contacted the Landlord to state they do not want to continue as the guarantor as the contract was with the original tenant. The Landlord said he would offer the son a new contract but for now they are still responsible.
The son on the other hand has told our friend they would rather smash the house up before signing any contract.
Where do our friends stand and if it was a monthly renewable tenancy can it still be valid if the rent is up to date and the tenant is now dead?

Thanks

See a solicitor that specialises in housing matters.
1st 30 mins should be free

Hi Dedmeat
Interesting choice of moniker! I am pretty sure that once someone dies the contract automatically ends. You can't have a contract with a dead person. The guarantor could be liable for any arrears or costs to the point of death, but not after. Seek legal advice, and you may wish to inform the landlord of the threats that have been made. Best of luck. Elbee

As a guarantor if I am called upon to pay unpaid rent does this give me rights to stay in the property?

From different things I have read am I correct in thinking if the tenancy agreement has not been adhered to by either the tenant or landlord then I could have a reason to be released from being the guarantor?

Tony
I think its "no" on both counts.

Hi everyone,
I have been locked into a guarantor agreement since 2017, as the author says 'another weepy-eyed do-gooder'.

I stepped in to support my little relatives having a roof over their head - fast forward to 2021, I've got custody of the little ones and the mother isn't acknowledging my request to no longer be the guarantor.

The estate agents take it out on you also as if you've done something wrong - how dare you wish to leave, drilling in the fact that you are tied in 'till death do us part' for as long as they live in the property despite whether your personal circumstances have changed or not, egging you on to get legal advice 'go on then'!.

I am now going through the route of the complaint procedure, property ombudsmen and legal advice.

Countrywide lettings / Blundells - AVOID BEING A GUARANTOR.

Sneakdegree
Keep us posted on how you get on. Would love to hear if anyone has ever got out of one of these contracts.

Sneakdegree,
You have signed a “Deed”, which is a super duper contract.

To end it without a suitable replacement with another guarantor or security deposit for the landlord is a breach of contract and also threatens a legal tenancy.

Your circumstances may have changed, but has the terms of the tenancy?

Why do you want to end it?

You knowingly entered into a contract of guarantee, that stated it continues until the tenancy has legally ended.

If a court dissolved a deed, it could be catastrophic in the World of commerce and banking, because everyone would try the same thing.

The tenancy will be protected from attack and influence by you and you might be guilty of harassment.

Will do Elbee :)

Good luck getting it sorted. I was one of the first on here to comment about the title and feel guarantor's
are penalised and made to continue. Will your relatives be able to do this without you? Good luck.

Can I just be guarantor for 6 months ? Until perhaps a Second term comes around then sign for another 6 month months?

Ron, in short the answer is no. Its unlikely the landlord would accept you as a guarantor for just six months. They normally want you to sign up for life. But if wouldn't hurt to ask the question. If you want an alternative route, the landlord might accept six months rent in advance. Good luck.

I'm the husband of a 'weepy eyed do gooder' who has ensured that her grandaughter had a roof over her head for the last four years.

She signed a contract - one paragraph - nowhere near as detailed as some on here and we have paid out as guarantors over £3500 so far and the landlord has given the tenant notice of eviction. We have had to pay court/legal/solicitor fees. My question is:

Does the guarantor have any rights over the speed at which events move? The landlord was very pushy until we paid the arrears but now, partly due to covid, everything seems to have stopped. The tenant has been issued with an eviction notice but that took eight weeks (not the two mentioned in court) and we did the chasing! The tenant still hasn't paid (leaving us with another £1500 worth of debt and yet the landlord hasn't sought a bailiff order.

We are guilty of 'doing the right thing' and our naivety has left us hugely out of pocket, with a relationship with our son and granddaughter that will never be fixed. I understand the approach of 'you should've thought more/it's your own fault' but the cards are unfairly stacked against people wanting to help family out. The legislation is very poor and needs addressing urgently.

Hi Phil, sorry to hear about your situation. I don't think you have much in the way of control over how quickly things move to evict, apart from perhaps pestering/offering help to the landlord and estate agent. But as any landlord on here will tell you, the court system is very slow. And evicting someone is not easy at the best of times. Of course covid has made things worse. I hope it doesn't drag on much longer for you and totally empathize with the relationship breakdown. Best wishes Elbee

A friend signed a Deed of G for her sister and b/f on a joint AST.
Soon after the friend was assaulted by her sister - family now not talking to sister.
B/f then died - so assume his estate is also responsible - until annual renewal point.

Does the joint tenancy agreement now end at the next annual renewal point?
The sister is still we think in the property so is that a new separate sole tenancy?

The deed of G states - it covers the sister and b/f - not sister or b/f. So has the deed ended at renewal point.
He had the money - and she has mental health issues and may not be able to afford it.
There are some other issues over the deed etc - but the death of b/f is the main topic.

Landlord has now sent it to court - saying he believes the b/f is still living there! But been dead 18 months and was told at the time! Letting agents have confirmed in writing a few times knew of death.