Home > Ask Our Experts > Can we Just Guarantee Our Daughters Rent?

Can we Just Guarantee Our Daughters Rent?

By: Garry Crystal - Updated: 1 Oct 2012 | comments*Discuss
 
Guarantor Students Rental Property

Q.If our daughter has signed a joint contract for her house why should we have to guarantee every student's rent?

Can we write on the contract that we only will cover her rent should she leave? If everyone guarantees their own child's rent then what is the problem? Why is their no risk at all for the agencies?
(Ms chris tob, 28 September 2008)

A.

Guarantor’s Promise

When a guarantor signs a rental agreement for another person they are legally bound to pay any amounts owed should the tenant leave. Your daughter has signed a joint contract asking you to be guarantor but this does not mean you should guarantee everyone that lives in this property. Students may have signed a short-hold tenancy agreement, which means that the contract is legally binding for the room in which they live. However, it sounds as if your daughter has co-signed a rental agreement with another for the whole house and the agency is requesting a guarantor for the whole property. Letting agencies will want to know that they are covered should any student leave and not pay outstanding rent; this is the reason they are asking for a guarantor. This condition is set in place in case students leave before the term ends or decides not to stay at university, or the accommodation they have rented. The letting agency will not only lose outstanding rent money but they will also lose any money until the property can be let again.

Negotiating Contracts

There is no legal requirement for a guarantor to guarantee the rents for all students living in one accommodation. A contract is not set in stone and there should be some negotiation available on the terms and conditions set out in the contract. For example, the guarantor should be able to guarantee for one person only, in this case your daughter, and have this condition placed in the contract, but only if the letting agency agrees. The agency will no doubt be asking for guarantees for the whole rental amount or they will not rent the accommodation. The agency is either looking for a guarantee from everyone who is renting or for one guarantor to cover everyone’s rent. However, it will be the case that guarantors and tenants still living in the property who have signed the agreement are liable if anyone else leaves the property owing outstanding rent. This will probably be stated in a clause in the contract and is common with multiple occupancy properties. The guarantor should read the contract carefully and only sign if he or she is in full agreement with all of the terms and conditions and the consequences for non payment.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
Why not be the first to leave a comment for discussion, ask for advice or share your story...

If you'd like to ask a question one of our experts (workload permitting) or a helpful reader hopefully can help you... We also love comments and interesting stories

Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • Basie
    Re: Smith Vs Hughes: Offer and Acceptance
    My son's vehicle is a company vehicle. There's an iligal contract and the other party breaches his commitment. Now he…
    20 January 2019
  • FRED
    Re: Litigation: A Last Resort
    I had a customer, who I had done a job for before, ask for a quote for decorating which I gave them via Facebook messenger, this is…
    13 January 2019
  • Shee
    Re: A Legally Binding Contract That You Didn't Mean to Enter?
    I have a two bedroom cottage that I have had for 40 years. I have put it on the market. It's…
    10 January 2019
  • Maggie
    Re: The Law & Verbal Agreements
    I saw an advertisement for Friendship 1st as req a brochure after I was bombarded with telephone calls asking me to join. I…
    9 January 2019
  • Shelle1582
    Re: Breach of Contract
    Hi I am a mobile catering business owner. A local company offered me a parking place to keep my vehicle if I rented an office from them which I…
    4 January 2019
  • Eve
    Re: Title Deeds: Who Keeps Them?
    Unfortunately I am the victim of fraud and would like to know how certain persons have managed to get their name on property I…
    3 January 2019
  • 997
    Re: The Law & Verbal Agreements
    I have a verbal agreement with my Manager that I could return home between every 6-8 weeks by saving my liu days up, this has…
    2 January 2019
  • HappyNewYear
    Re: Store Agreements Explained
    Can you tell me if a Promissory Note would be legally binding in an English Court of Law. I have given both my children £35,000.00…
    2 January 2019
  • Ali
    Re: The Law & Verbal Agreements
    Hi I have a small business, I would like to put my fees up. I have not put them up for three years. Would it be ok to do this.…
    30 December 2018
  • nutcracker74
    Re: Breach of Contract
    We removed our child from a gymnastics class due to my child being bullied by the coach and owner of the club. She (the coach) is now demanding…
    28 December 2018