Guarantor liability for my daughter

jebervic

Ok, my daughter has apparently and stupidly paid a deposit, so does anyone have advice on how I could suggest it is redrafted???

jjlandlord

Marktheshark wrote: »

Deliberately drafted, clever as well.

misspickle wrote: »

I agree. Very deliberately badly drafted.

Guarantees are tricky to get right and binding.

Bad drafting and contradictions just increase the likelihood of having a worthless piece of paper...
As the saying goes, never attribute to malice that which is adequately explained by stupidity or incompetence.

If he wants to proceed, OP should request that the wording be amended to clearly and unambiguously capture what was agreed.

Marktheshark wrote: »

Nothing prevents it rolling on as well if one decides to become a drop out bum and stay on, the listed period is initial only, so unless all 4 leave on time, you could end up paying someone's rent at £2k a month, luckily it expires when you die.

That's clearly incorrect since the guarantee document states that the guarantee only cover the term of the tenancy, which seems to be 11 months.

jebervic

Any advice on how I could ask for it to be reworded?

silvercar

Add a sentence limiting the guarantee to the total rent your daughter would pay for the year (calculate and quote the actual figure) less all rent received from your daughter.

Orange_Candle

I could be wrong, but this is my understanding:

Unless the guarantor agreement is properly executed as deed (witnesses to signatures etc), then the agreement is worthless. So if it has been sent to you to sign, could you not just sign it and send it back, knowing that it hasn't been properly executed (as I believe many students' guarantor agreements aren't). Then the landlord is happy that they have what they think they need, and you know that, if you are chased as guarantor, the agreement isn't binding.

Does that work?

jebervic

Orange_Candle wrote: »

I could be wrong, but this is my understanding:

Unless the guarantor agreement is properly executed as deed (witnesses to signatures etc), then the agreement is worthless. So if it has been sent to you to sign, could you not just sign it and send it back, knowing that it hasn't been properly executed (as I believe many students' guarantor agreements aren't). Then the landlord is happy that they have what they think they need, and you know that, if you are chased as guarantor, the agreement isn't binding.

Does that work?

This guarantor agreement has requested independent witnesses

Orange_Candle

Have they included a full copy of the tenancy agreement?

jebervic

Orange_Candle wrote: »

Have they included a full copy of the tenancy agreement?

yes they have, which is why I am more suspicious, because they have done everything by the letter, yet they claim that the agreement is only meant to be for the proportion of her liability.

Giddypip

You can always choose NOT to be a guarantor. If the landlord has accepted your daughters deposit without the guarantee paperwork from yourself then that is their problem.

jebervic

Giddypip wrote: »

You can always choose NOT to be a guarantor. If the landlord has accepted your daughters deposit without the guarantee paperwork from yourself then that is their problem.

this is the email I have just sent.......................

Dear M..........


I have looked at the guarantor agreement agrees and whilst the intention of the agreement is probably not meant to be applied in the way it is written, it does in its present form make me liable to be sued for the full monthly amount of the household, the term "joint and several" makes me liable for the monthly term of £2,095.00.

The agreement is poorly drafted in it's current form and I would ask that you have it redrafted to limit my liability to Rebecca's proportion of the rent.


I understand R.......... has already paid a deposit, can I ask this deposit be returned to her if you are unable to redraft the guarantor agreement.