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Guarantor liability

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Hello all. I'm hoping you can help me calm my girlfriend down, if I'm right in what I'm thinking.
My girlfriend has agreed to be guarantor for her sister who is having to move to rented accomodation and is claiming housing benefit. My girfriend is now petrified that she is liable for everything, ie. her\us having to stump up for the cost if she or her kids burn the house down. We're fine with the rent, it's just the fear of having to pay for a burnt down house which is worrying her.
I have read what she has signed for and I will write it down word for word.
"I confirm that I will stand as guarantor on behalf of the above applicant in connection with the rent due in relation to the tenancy of the above property."
That's it! Just my girfriends name, her sisters, the property address and her signature. There is nothing about damages or the cost of anything else. If it says the rent then it surely must be just the rent?
I'm hoping everybody just says rent. We've only recently found out that she is expecting and this is worrying her a lot, which is worrying me a lot considering. If it is just the rent then I can show her the resposes and it will ease her mind.
If it isn't she's never going to see this and I'll just play dumb :)
Thanks
«13

Comments

  • Emmzi
    Emmzi Posts: 8,658 Forumite
    1,000 Posts Combo Breaker
    rent, landlord insurance is for building burning down.

    altho if sis doesnt ay rent for 12 months, then its a whole 12 months rent... many many threads on here from people trying to wriggle out of responsibilities for guaranteeing rent!
    Debt free 4th April 2007.
    New house. Bigger mortgage. MFWB after I have my buffer cash in place.
  • That's OK, we can handle the rent. Don't get me wrong, a years rent wouldn't be great....but it's better than the cost of a house. Thanks for the response.
    Can anybody else confirm. The more the merrier.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It's rent until the tenancy is ended, not for the duration of the fixed term.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    why are you so worried about fire ? has she got a history of having accidents ?
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tell her not to worry, she is liable, if there is a default, for the rent, nothing else is in the contract.

    She should suggest to her sister that she gets house contents insurance.
    Landlord is liable for insurnace re buildings.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • clutton wrote: »
    why are you so worried about fire ? has she got a history of having accidents ?
    No, it's just the worst scenario I can think of. And eveything else we could handle (rent unpaid, water damage, ect). But the sister does smoke and she also has a 17 year old son who probably smokes in the house now and again, as I did.
    I'm basically asking is it the rent and only the rent, no other liability as for as the guarantor is concerned in this situation with what she has signed.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Being a guarantor, you should always limit your liability to say 6 months rent and require the LL to act to minimize losses in the guarantee document.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • N79
    N79 Posts: 2,615 Forumite
    McKneff wrote: »
    Tell her not to worry, she is liable, if there is a default, for the rent, nothing else is in the contract.

    This is almost certainly wrong as this would only be true if a very restrictive guarentee agreement had been drawn up.

    Normally a guarentor guarentees the T's performance of the contract. This includes rent and damage (fair wear and tear excluded) caused by the T's occupation.

    However, the exampel you site of if the house were to burn down then rest assured that this would normally be paid by the LL's house insurance or the LL. The only time there might even be a possible claim is if the T deliberately burned the house down.
  • mchale
    mchale Posts: 1,886 Forumite
    N79 wrote: »
    This is almost certainly wrong as this would only be true if a very restrictive guarentee agreement had been drawn up.

    Normally a guarentor guarentees the T's performance of the contract. This includes rent and damage (fair wear and tear excluded) caused by the T's occupation.


    At last, correct advice given!!!!!!!!
    ANURADHA KOIRALA ??? go on throw it in google.
  • Strictly speaking, as there is no consideration being given to your girlfriend the guarantee should be executed as a deed which from your description does not seem to be the case.

    Worth considering if the worst does happen and your girlfriend is pursued for rent/damage etc.
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