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Lincslass
25-02-2010, 22:59 PM
My daughter who is 18 has applied for a tenancy of a house with 2 other girls when they commence a further education course in september. The course is part time (21 hours) and she does work 16 hours a week. She has paid a £40 reservation fee and apparently signed a contract but has no copy of this.
I have received a letter from the property agent saying that she has put me forward as a guarantor and could I please sign the enclosed guarantor agreement and return it. Although she is my daughter I am uncomfortable with this as she is terrible at managing her money. I also am not comfortable with the agreement. I would be responsible for paying her rent should she default and paying for any damage to the property. My questions are:
Surely I should not sign an agreement without knowing more details for example whether it is a joint or single tenancy and the length of the tenancy?
Also how could the landlord prove who had caused damage to the property.As I see it I am expected to be a guarantor in part for the other girls.I contacted the agent who said they did not not usually send out contracts to guarantors. Also what are my daughters legal obligations if she has signed a contract?

mind the gap
25-02-2010, 23:12 PM
My daughter who is 18 has applied for a tenancy of a house with 2 other girls when they commence a further education course in september. The course is part time (21 hours) and she does work 16 hours a week. She has paid a £40 reservation fee and apparently signed a contract but has no copy of this.
I have received a letter from the property agent saying that she has put me forward as a guarantor and could I please sign the enclosed guarantor agreement and return it. Although she is my daughter I am uncomfortable with this as she is terrible at managing her money. I also am not comfortable with the agreement. I would be responsible for paying her rent should she default and paying for any damage to the property. My questions are:
Surely I should not sign an agreement without knowing more details for example whether it is a joint or single tenancy and the length of the tenancy?
Also how could the landlord prove who had caused damage to the property.As I see it I am expected to be a guarantor in part for the other girls.I contacted the agent who said they did not not usually send out contracts to guarantors. Also what are my daughters legal obligations if she has signed a contract?
In an ideal world, your daughter should have asked you whether you would consent to be her guarantor, not just assumed that you would, and you are right not just to sign it without asking some questions.

You could of course refuse to sign it, but that leaves your daughter liable to be refused the tenancy, as many student tenancies are only granted on condition that each tenant has a guarantor.

Before you are asked to sign, the LL/agent should give you a copy of the tenancy agreement and time to read it and seek legal advice if you wish, so you can see what you are guaranteeing. The agents are very foolish not to send you a copy of the TA, since this could render the guarantee invalid and they could not pursue you for rent, etc at a later date. It is up to you whether you wish to break this news to them, but I would certainly not be signing anything which I had not read!

If it is a joint tenancy then you could say you are only willing to guarantee the equivalent of your daughter's financial commitment and not her housemates' as well. The LL may or may not agree to this. If you know you would be unable to meet the commitment, you should not sign. Your daughter may have to move into Uni accommodation where guarantors are not always needed.

There will be a damages deposit (which the LL should protect in a scheme) from which he can claim deductions if damage is done. In a joint tenancy or any kind of shared set up, the cost is usually divided equally amongst the tenants, unless one owns up to having caused it.

However before any of this can fall into place, you need to have a conversation with your daughter, it seems.