OpenRent Community

Accepting a Guarantor

#1

In a recent NLA newsletter it was stated that it was "not advisable for landlords to include the guarantor’s details on the tenancy agreement. This could cause mistakes and confusion – the guarantor is not party to the tenancy. The following sequencing is best:

  1. Reference prospective tenant

  2. Reference prospective guarantor

  3. Guarantor agreement signed by guarantor (guarantor must have sight of the tenancy before it is signed by the tenant).

  4. Tenancy agreement signed by landlord and tenant"

The article goes on to say that landlords should “Send the guarantor a ‘letter of guarantee’ for signing with a covering letter. The letter should also contain an explanation of what the guarantor is liable for, such as rent arrears and damage. It should also include a description of the guarantor’s liability, as in the case of a jointly and severally liable tenant this could extend beyond the individual’s rental liability”.

As OR do the opposite to this ie the guarantor details are in the tenancy agreement, a ‘letter of guarantee’ is not sent to the guarantor and the guarantor does not see the tenancy agreement before the tenant signs it. I am concerned that if a dispute went to court the judge may find the OR process to be unfair,

Your (OpenRent) comments would be appreciated.

#2

Hi Clive,

Most tenancies in the UK are created as Joint Tenancies (whereby several parties are named on one agreement) and it is important to note that this will mean that all parties are jointly liable for all the obligations named in the agreement.

There is ultimately very little legislation around guarantors, so there isn’t a unified or ‘right’ process for setting up a tenancy with a guarantor. It’s worth bearing in mind that tenant rights are set down in statute and this differs to guarantor rights and obligations, which aren’t.

We understand that where the responsibilities of parties aren’t clear, there may be cause for confusion, though when using our AST, we specifically make the difference between tenants and guarantors explicit. This therefore needn’t be a point of concern.

Our Rent Now process and AST have been regularly reviewed by independent lawyers versed in property law, so we’re confident when we say that it’s robust. We’re also not aware of it ever having been challenged.

Having said all that, if landlords wish to take extra steps when it comes to guarantors, then this is totally fine. You can for instance formulate and sign a deed of guarantee that’ll stand separate to our AST, while still engaging in our Rent Now process.

George

#3

On 17th Feb two contradictory queries was published. Accepting a guarantor Vs Guarantor liabilities. One ststes the guarantor is on the AST while the other states Guarantor is not part of the AST.

Can you please review the two queries and conform the best course of action.

Ricky Turner

#4

Hi Ricky,

If a landlord using OpenRent adds a guarantor to their Rent Now application, they will be named on the contract.

The guarantor obligations are detailed in section 14 of the AST. Here’s a sample:

https://www.openrent.co.uk/tenancy-agreement

George

#5

Hi I am a new landlord using open rent and my lead tenant has just advised he is technically still a student and so he may fail referencing.
It may be that the other tenant can cover the rent ? should I accept that person as guarantor or is it advisable I ask for another guarantor ( he can supply one) who then would pay for the guarantors reference ?
Please advise
Carole

#6

Hi . I wonder if someone can please give me some advice . I have been a guarentour for my cousin and the tenancy had just finished
My cousin has just lost his job and now cant pay the rent and not planning to leave any time soon
Will I still be liable ? He seems to think not but I don’t have a clue

#7

Hi Mark, lots of information on what it means to be a guarantor here.

But in short, Mark, if you are a guarantor, you will be responsible jointly liable for unpaid rent payments.

#8

Hi thanks for that . Even after the tenancy had ended ? I have been reading up and had mixed answers

#9

Hi Mark, from your first message I understood your cousin to be remaining in the property as a tenant. When you say the tenancy has ended, do you mean that the fixed term has ended? Or has the tenancy been terminated by either party serving notice? Or ended by a mutual agreement?

Sam

#10

His tenancy will have ended , and he cannot afford to move in to new place the landlord wants the property back
Thanks for the reply again

#11

Tenancy will be finished . I don’t want to be involved any more as he has lost his job