Hi, my tenancy agreement is to start on 30th September i have signed so has the landlord. My guarantor had issues with the guarantor deed and pulled out. Now landlord says he not renting to us even though tenancy has been signed by both parties and I have paid security deposit and 1 months rent in advance. Can someone please advise me. My daughter is due to give birth within 2 weeks which is why we are so worried about losing the house
so sorry to hear this. What a nightmare.
- Does it say the tenancy is only valid if a guarantor is provided? It’s unlikely to and if it doesn’t then you have a case.
- Seeing as you’ve paid a deposit, do you have all the legally required paperwork from landlord (scheme info, prescribed information?)
- Have you received keys? If not, then the LL may argue that the tenancy has not actually started.
- Contact Shelter (they have a free helpline) and get advice from the experts there.
What issues did the guarantor have exactly? They should have read the whole contract before signing. But you say “both parties” and there should be three parties so I’m confused about whether the guarantor has signed (as they should have done).
Edited to add that you should keep looking for another property because if the tenancy is valid (and I think it is but my opinion isn’t expert) then you’re likely to only be entitled to compensation. If the LL has been messed around by your guarantor then they’re likely to be pretty annoyed by that and that has probably meant they won’t trust your application. I think it would be wise to keep looking for something else while you seek compensation for this.
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Thank you for replying. Ive checked my tenancy and it is has no mention of a guarantor. The guarantor was asked for after us the tenants signed and the landlord had signed. He wanted the guarantor to be a indefinite guarantor meaning after our 12 month fixed term ended if we decided to stay on it would be a periodic tenancy and instead of asking the guarantor to renew agreement the guarantor was expected to remain the guarantor and was not allowed to cancel. He made a guarantors deed basically tying the guarantor to the property as if the guarantor was living there. I have all the correct paperwork from him but he is refusing to hand over the keys until I find a guarantor
You have a contract to provide a tenancy, but not yet the tenancy itself. The landlord made a mistake by signing an unconditional tenancy agreement before all the checks were complete. If he refuses to let you take up occupancy you can sue him for breach of contract in the amount of your actual losses, but you can’t force him to hand over the keys, at least not on your own.
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This LL doesn’t know what they are doing in terms of procedure. The guarantor should be fully informed prior to anyone signing. All parties should sign the agreement, but legally the guarantor should have access to the contract and have read it before anyone signs.
That’s perfectly normal. And if you have been paying rent for 12 months with no issue then it’s very unlikely that a guarantor would be needed after that anyway. Perhaps you can explain this to your guarantor to get them to agree.
It sounds like the landlord has got cold feet after signing, has suddenly thought they need a guarantor and has pressured you into finding someone last minute who hasn’t had time to think this through before agreeing. Can you think of any reason why the LL decided you needed a guarantor last minute?
Are you a financial risk for the landlord? If so, then you will not be getting the keys and should be asking for compensation for any actual losses you will incur from him breaking the contract. If you’re not a risk financially, then you need to persuade your guarantor that they can support you by signing.
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