Draconion Deed of Guarantee

BeatTheSystem

My Daughter is about to start university. She will be sharing a rented house with 3 others.

I have been asked by the landlords agent to sign a deed of guarantee with unlimited liability (for unpaid rent, damage and any breech of the million gotchas in the AST) for not only my daughters rent but those of the other 3.

Is this normal? Can I counter this? I would rather pay my daughters rent for the year upfront to avoid signing this garbage.

Thanks

XKC-Me

Normal? No. Unknown? Far from. Ultimately university students aren't desperately reliable tenants, so landlords often want some form of security.

As you say, paying upfront would be an alternative security which would be less onerous on you. For that reason the landlord might not accept it - but you may as well ask. If they refuse then you have to find your daughter alternative accommodation or sign it.

You didn't say if anything else has been signed yet. If the AST has already been signed by both sides (i.e. you have a copy signed by them) then obviously you could just call the landlord's bluff since your daughter would already have a right to move in. The landlord might try (immediately but unlawfully, or partway through the year but lawfully) to evict her.

I should add, I wouldn't sign it if I were you. Worst case scenario is anyone in the house holds a party and trashes the place - costing you many thousands. And while I'd hardly call that likely, it isn't exactly unknown either. The chances of someone doing a runner on their rent, or causing some damage to their room, aren't tiny.

Pixie5740

If it's a joint tenancy your daughter is signing then she will have joint and several liability for the whole rent, legally there isn't such a thing as "her share." If you are acting as guarantor you're agreeing to cover what your daughter is legally liable for.

Lily-Rose_3

BeatTheSystem wrote: »

My Daughter is about to start university. She will be sharing a rented house with 3 others.

I have been asked by the landlords agent to sign a deed of guarantee with unlimited liability (for unpaid rent, damage and any breech of the million gotchas in the AST) for not only my daughters rent but those of the other 3.

Is this normal? Can I counter this? I would rather pay my daughters rent for the year upfront to avoid signing this garbage.

Thanks

Don't sign it.

Agents representing landlords who have HMOs with students are well know for doing this. Trying to get gullible parents to sign to say they will pay for damage, and non-payment of rent for ANY of the students.

When this happened with my daughter 2 years ago, I told the agent to jog on when they asked me to be guarantor, and agree that I would be severally and jointly liable for any non payment of rent - or damage - no matter which one of the 5 did it.

Me and my hubby spoke DIRECTLY to the landlord and we said that said we would pay 3 months rent in advance for our daughter.

Then she would wait 6 weeks to 2 months, and then start paying 3 monthly in advance. So our daughter's rent account was always between 4 weeks and 2 months in credit.

The landlady agreed.

Maybe see if you can speak to the LL directly?

But do NOT sign this agreement.

BeatTheSystem

Lily-Rose wrote: »

Don't sign it.

Agents representing landlords who have HMOs with students are well know for doing this. Trying to get gullible parents to sign to say they will pay for damage, and non-payment of rent for ANY of the students.

When this happened with my daughter 2 years ago, I told the agent to jog on when they asked me to be guarantor, and agree that I would be severally and jointly liable for any non payment of rent - or damage - no matter which one of the 5 did it.

Me and my hubby spoke DIRECTLY to the landlord and we said that said we would pay 3 months rent in advance for our daughter.

Then she would wait 6 weeks to 2 months, and then start paying 3 monthly in advance. So our daughter's rent account was always between 4 weeks and 2 months in credit.

The landlady agreed.

Maybe see if you can speak to the LL directly?

But do NOT sign this agreement.

Thank you, I will try and speak with the landlord directly.

anselld

It is no more draconian than the contract your Daughter is signing. If you don't want to sign then she should not sign either and she should seek a tenancy with single room agreements.

Out,_Vile_Jelly

My brother got shafted by uni housemates he thought were friends, and a family friend who was a solicitor had to help my parents sort it out.

The university should have a housing office which can read the contract and check if it's fair.

Guest101

XKC-Me wrote: »

Normal? No. Unknown? Far from. Ultimately university students aren't desperately reliable tenants, so landlords often want some form of security.

As you say, paying upfront would be an alternative security which would be less onerous on you. For that reason the landlord might not accept it - but you may as well ask. If they refuse then you have to find your daughter alternative accommodation or sign it.

You didn't say if anything else has been signed yet. If the AST has already been signed by both sides (i.e. you have a copy signed by them) then obviously you could just call the landlord's bluff since your daughter would already have a right to move in. The landlord might try (immediately but unlawfully, or partway through the year but lawfully) to evict her.

I should add, I wouldn't sign it if I were you. Worst case scenario is anyone in the house holds a party and trashes the place - costing you many thousands. And while I'd hardly call that likely, it isn't exactly unknown either. The chances of someone doing a runner on their rent, or causing some damage to their room, aren't tiny.

Until the tenant moves in the tenancy hasn't begun.


It would not be 'unlawful' to prevent her moving in. It would simply be a breach of contract.


It's unlikely that the LL can evict 'part way through' as the tenancy is likely to be for the full duration (sept-july)

Guest101

BeatTheSystem wrote: »

My Daughter is about to start university. She will be sharing a rented house with 3 others.

I have been asked by the landlords agent to sign a deed of guarantee with unlimited liability (for unpaid rent, damage and any breech of the million gotchas in the AST) for not only my daughters rent but those of the other 3.

Is this normal? Can I counter this? I would rather pay my daughters rent for the year upfront to avoid signing this garbage.

Thanks

Just FYI the 'million gotchas' are probably unenforceable...

silvercar

Problem generally is that landlords can be picky, they would rather a student tenant with a guarantee than one without. Balance that with the grotty student accommodation around and if you want your offspring to live somewhere vaguely decent you are going to have to be prepared to offer some sort of security.

Given that some landlords operating in this sector are pretty awful at sorting maintenance issues, I'm not sure that paying all the rent upfront is the best way to proceed.

agrinnall

There's a duplicate thread on the Student Board too.