9:37 AM, 7th February 2024, About 2 weeks ago 17
Hello, I have been asked to sign as a witness to a deed on a guarantor agreement.
My friend’s daughter is renting a property in Belfast from July along with 4 other students. The students have all signed the TA (they signed today) along with the LL (signed last week) and now the agents are asking for guarantors.
I am not 100% sure if she actually HAS to fill in the guarantor deed. I have seen the TA it states:
“The rent is XXX pcm and shall be payable by standing order. All tenant guarantee forms and standing order mandates must be handed into to XXX (agency) within 1 week of signing the lease. In the even that the standing order or mandate and guarantee forms are not returned by this date the then landlord reserves the right to deem the Tenancy Agreement null and void and the landlord reserves the right to re-let the premise and retains all monies paid as a security deposit for the said premises. Until the property is re-let the tenants shall be responsible for the payment of any rent becoming due.”
(NB they paid £200 as a holding deposit to take it off the market and stop other viewings).
My questions –
1. I can’t understand how the agent can now ask for any guarantor to sign a guarantee form AFTER the TA has been signed. Surely if having a guarantor was part and parcel of the tenancy being offered and agreed, then this would be requested before the TA was signed and written into the TA as “A guarantor is required…..?” then the above wording would make sense.
2 The only reference inside the TA is under the heading Guarantor suggests it is optional – “If there is a guarantor, the guarantor hereby guarantees that the tenant will comply…….(usual stuff)”
3. Neither my friend (nor I suspect the other parent of the students) received a copy of the TA themselves at any point from the Agent before either the student (or indeed the landlord!) signed it.
Finally 4, If the TA is joint and severally, then surely they don’t need 5 separate guarantors anyway as one will do?
I’m confused what to advise her to do –
a) sign and return it, knowing it is going to be difficult for the LL to enforce (should he need to) it given the fact that they have never agreed to be one in the first place nor necessarily had sight of the TA before the students signed it themselves?
b) refuse to sign it because it the tenancy has clearly already been signed by all the parties involved (the LL and tenants already) and so the TA is no longer conditional upon the guarantee being signed.
c) advise that only 1 parent needs to sign one guarantor form (one of the parents who actually live in NI)
Obviously the wording about the LL deeming the TA as void is worrying her (the students need a property for the start of next academic year) so she doesn’t to lose the property for them.
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