Rental Guarantor for Uni Student

Wyre

Hi folks,

I would just like to pick a few knowledgable brains regarding my husband standing guarantor for our daughter's rental property next educational year - yes the kids are keen and getting it sorted already. I have done a search but want to clarify a few bits and pieces if I may.

As I understand it, he should see the tenacy agreement before signing anything. Does this include the credit check they want to do? As at present, having signed into the portal he has to up date his details, select that he allows the credit check, before he is shown anything!

Thanks in advance.

tbs624

A reputable LL/LA would have absolutely no qualms about offering potential Ts and their guarantors sight of the tenancy agreement and guarantor agreement from the very start, befire they pay our any fees of any sort.

Have the students found this property via their Uni accomms office? If yes they are usually required to sign up to a code of conduct.

What you should also be aware of is that if your daughter and her house sharers are signing to one tenancy agreement for the whole property this means that she will havewhat is called "joint and several liability". What this means is that the LL can chase all the Ts or any of Ts individually for all of the rent due, in the event of one dropping out or just failing to cough up their rent. The guarantor effectively also has J&SL, unless you can persuade the LL to word the deed of guarantee otherwise.

V_Chic_Chick

It's standard practice with student tenancies to require a guarantor, so you will eventually have to sign unless you want your offspring to be homeless next year.

However, LL / LAs that don't have anything to hide (and I have seen someutterly inappropriate clauses in student tenancies) should let you see the contract, and take a copy away with you, before you sign. Don't forget that you can talk to them about altering the contract where it's clearly stupid - I did this, and we have a much better contract now (no requirement to wash the outside of windows 3 storeys up, for instance!). The LL was happy for us to see the contract, take a copy away, and talk it through with him. He's been a very good landlord so far (we moved in in July).

Don't let your offspring be suckered into this "all the good ones will be gone" nonsense, because in most cases its just hype whipped up by LLs and LAs that have a vested interest in getting naive freshers to sign up as soon as possible. There are very few places where there is a genuine shortage of student accommodation; the only one I can think of is Aberystwyth, and most places have something of an oversupply. Also get him to see what the university's private rental sector accommodation service (around here it's called Manchester Student Homes) has on offer - as others have said LLs have to sign up to a code of conduct if they wish to advertise through them.

dimbo61

As a student landlord I email a copy of the tenancy agreement, guarantor form and deposit scheme to all tenants before they sign anything!
Mum and dad can see and read what the tenant is signing up to and where the deposit is placed.
As a parent I have been a guarantor for my son at his uni accomadation for the last 2 years.

Wyre

Thanks loads. I am not sure about this company at all, despite it being a big company in three uni towns.

When showing the girls round, the letting agent hadn't told the current tenants he was coming, Then let himself into 2 of the rooms. No chance of changing the barrell on the locks either, they are locked by a keypad thing.

O and there is no deposit scheme as they take £250 which is for admin and my daughter says cleaning but the bit of research I have done says otherwise *sighs*.

Wyre

Ok finally got hold of a draft agreement. I am not certain about some bits in it at all. If anyone wants to look it over I would be very grateful, it can be found here.

In particular, I believe it implies that

a)the landlord isn't liable for repairs of the white goods despite the girls being told otherwise,
b)that a deposit can be used for unpaid rent - I thought that was not the case,
c)the way for removing tenants for unpaid rent isn't what I thought either - doesn't a section 8 need to be served and it can't be after 21 days?
d)As stated in the first post, I am not happy with the way they just let themselves into the rooms of the current tenants. They have in the contract they need to 24 hours notice but the tenants that were there on the day my daughter viewed had no clue they were coming round. Plus the contract states they can show people round between 10am and 8pm and doesn't say that the tenants can refuse.

Most of these aren't things I am worried over for my daughter - her rent will be paid, but as we are aware, we are also responsible for the others in the house (along with their guarantors of course). I do worry that any insurance she has covering her belongings would be invalidated if it became clear that the landlord/his agents are happily showing folks round without permission and without the tenants present!

angelsmomma

Sorry no help to you op but have to say, 27 pages :eek:

I would be interested in knowing if all that is reasonable/enforcable.

tbs624

Wyre - you may want to alter the link to the tenancy agreement as it clearly identifies the LA.

Have also sent you a PM

G_M

Wyre wrote: »

Ok finally got hold of a draft agreement. I am not certain about some bits in it at all. If anyone wants to look it over I would be very grateful, it can be found here.

In particular, I believe it implies that

a)the landlord isn't liable for repairs of the white goods despite the girls being told otherwise, this is unusual, but legal. If you (or rather the tenants) want the LL to be responsible for repairs, then make sure this caluse is amended, and the LL /agent initials the amendment, to make clear the LL will repair
b)that a deposit can be used for unpaid rent - I thought that was not the case,this is normal
c)the way for removing tenants for unpaid rent isn't what I thought either - doesn't a section 8 need to be served and it can't be after 21 days? You don't say what it says, but it does not matter. Tenants cannot be removed except by a court order, and a court will only make such an order if the proper process has been followed. Ignore this clause - not worth making an issue
d)As stated in the first post, I am not happy with the way they just let themselves into the rooms of the current tenants.
Are there locks on the doors
They have in the contract they need to 24 hours notice but the tenants that were there on the day my daughter viewed had no clue they were coming round. Plus the contract states they can show people round between 10am and 8pm and doesn't say that the tenants can refuse.

Most of these aren't things I am worried over for my daughter - her rent will be paid, but as we are aware, we are also responsible for the others in the house (along with their guarantors of course). I do worry that any insurance she has covering her belongings would be invalidated if it became clear that the landlord/his agents are happily showing folks round without permission and without the tenants present!

1) does each tenant have their own, seperate tenancy agreement, or are they all signing a single 'joint and several' tenancy?
2) is this an HMO?

Guarantor agreement
* only valid / enforcible if 1) the guarantor has seen the tenancy agreement and 2) the guarantor agreement is Executed as a Deed (and therefore must be witnessed)

00ec25

a) if the contract is silent on this much debated topic its not clear the position is as its not covered directly by the Housing Act - if the contract expressly says LL not responsioble, even if he provided them to start withm, then contractually he is not liable

b) no right ot wrong way. If a LL allows the deposit to be used for rent then he may get shafted by people doing a runner leaving him with nothing for reapir costs. On the other hand if rent is excluded then he has to chase the unpaid rent as a separate item and must return the deposit in full if no repairs required. Hence first option often preferred as avoids court costs for unpaid rent

c) don't know

d) it is a house in multile occupation. Legally therefore the LL has a right of access to the communal areas without notice. However, as you say he came into the bedrooms then that is a breach since the AST is over the bedroom itself and therefore requires the notice period as set out, hence the locks on the bedroom doors - use them!

BTW one big plus for you as guarantor, its mostly several liablity so you won't be done for unpaid rent if one of the other horrors living there absconds

Wyre

Thanks G_M.

There aren't 'normal' locks on the door, it's done by a keypad for each bedroom so we can't just change the barrel and change it back at the end of the tenancy. The letting agent looked up the codes (on his phone) to the rooms of the tenants that weren't in to show the girls the room.

My husband has seen the draft tenancy agreement, but only because I got my daughter to log in with her portal log in. Hubby can't see it until he has agreed to the credit check on his log in. The contract makes reference to a deed, but we haven't seen what he needs to sign yet - again he needs to give details and agree to the credit check first.