Guarantor liability

Pepzofio

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.

But OP quotes the guarantee agreement in full and it does not mention performance or damage, only rent.

Kickstone wrote: »

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.

chappers

I agree with pepzofio.

What N79 says is true normally a gaurantor would normally be expected to gaurantee the whole performance of the contract, but if the OP has quoted correctly and the gaurantor agreement explicitly only mentions rent then it is only the rent they are gauranteeing, check there isn't a further clause covering the whole of the contract.
The landlords insurance should cover major accidental damage to the property.

adg1

N79 is right about standard guarantor liability - you are almost (but not quite) replacing the tenant on the contract. She is the named tenant and the first port of call but girlfriend is a guaranteeing that she will uphold the tenancy agreement if actual tenant were to default.

Most guarantor agreements are a deed and include the line:

"the Guarantor(s) will, on demand, make good to the Landlord all losses, costs and expenses sustained through default of the Tenant."


This one goes on to state that the guarantor will ensure that they will uphold the terms of the tenancy agreement and hence, as the damages etc is listed in the tenancy agreement terms, implies the responsibility of the guarantor doesn't just fall to the rent.

The one you've posted suggests a liability for rent alone which is quite lenient. I'd call the Letting Agent and ask them EXACTLY what being a guarantor implies in their eyes. Maybe even get a listing of your girlfriends liabilities in writing from them.

N79

Pepzofio wrote: »

But OP quotes the guarantee agreement in full and it does not mention performance or damage, only rent.

How true - I missed that part of the OP's post. Perhaps I need new glasses?

Kickstone

Thank you for all your responses.

Seems that some people think we are liable. I would usually agree with this. However, I did write down word for word what the agreement was and this only states rent. Maybe there is something in the tenancy agreement but we haven't signed that. We have agreed to what was down on the paper that we signed which clearly states just rent. It seems a bit bizarre that you could sign one legal agreement which states rent but then be held liable for the tenancy agreememnt which you haven't signed for. I wouldn't honestly think they would have a legal leg to stand on.
The sister-in-law did see a previous property and asked the girlfriend to be guarantor. They did want her to put her name down on the 15 page tenancy agreement as guarantor which did say she was liable for rent and all costs (including what wasn't covered by insurance). The girlfriend refused.
As stated, she has signed a piece of paper which says she is guarantor for rent. Rent is rent. Rent isn't rent and any other damages incurred by the tenant. Maybe that is implied in the tenancy agreement but it isn't implied on the piece of paper the girlfriend has signed. Can't see how it can be legally applied to anything else?

Kickstone

adg1 wrote: »

The one you've posted suggests a liability for rent alone which is quite lenient. I'd call the Letting Agent and ask them EXACTLY what being a guarantor implies in their eyes. Maybe even get a listing of your girlfriends liabilities in writing from them.

She did. They said it was just rent. But unfortunatley in this day and age you tend to be doubtful about anything said over the phone.

Kickstone

N79 wrote: »

How true - I missed that part of the OP's post. Perhaps I need new glasses?

Thank God for that, you were starting to scare the **** out of me!

adg1

adg1 wrote: »

Maybe even get a listing of your girlfriends liabilities in writing from them.

Point stands - get the agent to write it down on headed paper for your girlfriend so she's got a written back up if anything goes wrong.

Colincbayley

The guarantor agreement your GF has signed is invalid.

In order for a guarantor agreement to be valid it must be signed as a DEED of guarantor as there is no consideration to the contract.

In law, she won't be liable for a bean with the paper she has signed.

adg1

Colincbayley wrote: »

The guarantor agreement your GF has signed is invalid.

In order for a guarantor agreement to be valid it must be signed as a DEED of guarantor as there is no consideration to the contract.

In law, she won't be liable for a bean with the paper she has signed.

I wondered if that was the case.

Is there any legal jargon/statement in LL and T law to back that up at all?