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
  • Emgem
    Re: How a Landlord Agreement Works
    Would this be classed as a breach of tenancy agreement on the landlords part. In the agreement it says pets are not allowed in…
    30 March 2020
  • stone
    Re: Breach of Contract
    I employed a maid to clean and take care of my house to be paid at the end of the month;she worked for two weeks and abandoned the job and…
    17 March 2020
  • Itsme
    Re: Child Maintenance Contracts
    My ex is trying to say that if he is going to see his son then I have to do one drop or pay for one of his lifts? And I have to pay…
    14 March 2020
  • Elaine Yates
    Re: Store Agreements Explained
    Can you pay some money off a Promissory note and then borrow again against the original note For example sign a promissory note for…
    11 March 2020
  • Salpal29
    Re: What If I Don't Have a Written Contract With My Employer?
    My partner now, has a self employed oral agreement with his employer. He has worked there…
    2 February 2020
  • Rose
    Re: The Law & Verbal Agreements
    My daughter and husband bought a house with a small building plot within the boundary that was retained by the seller to build…
    28 January 2020
  • Art
    Re: Legally Binding Contracts
    I took admission for one of the beauty course in private beauty salon in London and paid half fees at the beaning and after a month…
    28 January 2020
  • Ghibli
    Re: How a Landlord Agreement Works
    Landlord changing locks and not supplying a key or emergency or temporary accomadation. This after a fire and after the fire…
    26 January 2020
  • alfie
    Re: Title Deeds: Who Keeps Them?
    no point posting questions here nobody answers!
    24 January 2020
  • Husein
    Re: Contracts and Self Employment
    I am a self employed and working in Amazon last 6 month as delivery driver through RAM distribution Company.Unexpected called me…
    10 January 2020