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:
Reference prospective tenant
Reference prospective guarantor
Guarantor agreement signed by guarantor (guarantor must have sight of the tenancy before it is signed by the tenant).
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,
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.
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.
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
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
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?
I’m looking to rent a property that is just shy of my affordability ratio. Hence I need a guarantor.
I’m a Government Statistician, and my husband will be also joining me as a Government Statistician too. So in a few months time we should have a very healthy annual income.
However, since I need a guarantor for the time being, I wanted to ask, are we allowed to have guarantors that are self employed and receiving grants from the government during Covid?
The guarantor is a restaurant owner in central London, and a landlord. But, because restaurants have to remain closed, his income is made up of rental payments and grants from the government.
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