Landlord asked to be a Guarantor has reservations

by Readers Question

11:42 AM, 2nd December 2014
About 4 years ago

Landlord asked to be a Guarantor has reservations

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Landlord asked to be a Guarantor has reservations

Although I am a private landlord, I now find myself with the boot on the other foot. I have been asked to be a guarantor for my daughter who is trying to rent a house with two friends.

The contract is for 12 months with a break clause at any point after 6 months. Two of the tenants are being asked to provide guarantors and the third is working and has not been asked for a guarantor.

If there is more than 1 guarantor – would the liability lie jointly between them and could the landlord just make one liable without the other ?

If my daughter decided to leave the tenancy between 6 and 12 months would the guarantee end on the day she finishes or share of the tenancy or would it still cover the whole term of 12 months.

Many Thanks

Martinguarantor



Comments

Mike W

12:37 PM, 2nd December 2014
About 4 years ago

Hi Martin,

You obviously need to ask for a copy of the lease and see a copy of the guarantor agreement to be sure of what you are signing. However I presume that it is a joint lease - joint and several liability. That means that any one party can be held liable to meet the obligations in the case of a default. A guarantor guaranteeing the obligations of any one individual is therefore potentially exposed. This is not unusual. Yes in the extreme you are completely liable but that equally makes all in the same position. At the end of the day it is a matter of trust. Do you trust your daughter to make sensible reliable friends? If you don't then don't agree to sign. But realise what you are saying: You do not trust your daughter's friends! Where you are dealing with reliable people the problem will never arise. But can you expect the landlord, a complete stranger, to know and trust your daughter? If you can't trust her choice of friends, why should he?

The guarantee should only apply to your daughter whilst she is a signatory to the lease.

Hope this helps. I have 4 daughters - all in joint leases!!

Martin Weaver

17:20 PM, 2nd December 2014
About 4 years ago

Hi Mike
Basically the same reasoning i have come to, just seems strange seeing it from the other side.
Usually i see things from the landlords point of view.
many thanks
Martin


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