Tenants partner moving in

My tenant was separated from her husband when she took the tenancy, she failed referencing and her son acted as guarantor. Guess what they have made up and he wants to move in with her. He has just moved back to the UK from Poland so may not pass referencing. If he fails referencing and I add him to the tenancy does the Guarantor have to agree to act for guarantor for both of them as presumably adding him to the tenancy makes them severally or wholly liable?

Hi Rebekah,

In a joint and severally liable tenancy, all signatories are liable for the duties of the tenants, e.g. paying rent. Adding another tenant will neither increase nor decrease the responsibilities of the guarantor, because the terms of the tenancy will remain unchanged. Indeed, one more person will be responsible for discharting the tenants’ duties, which could only lessen any burden on the guarantor, one would have thought.

(NB: My understanding is that adding a tenant who does not pass referencing, nor provides a guarantor of their own who does pass referencing, will invalidate our Rent Guarantee Insurance policy. Not relevant if you did not take that policy. )

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