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Guarantor request by LL for student accomodation

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Comments

  • aquitaine
    aquitaine Posts: 93 Forumite
    Good luck with your crusade. It may take a long time - where is your son going to live in the interim?

    It's not a crusade and your attempts at demeaning a serious problem seem rather spiteful to me. If you have nothing constructive to say it is probably better to remain silent.
  • aquitaine
    aquitaine Posts: 93 Forumite
    mozza78 wrote: »
    Parents acting as guarantor has been happening since I went to uni over 20 years ago so its clearly not so bad a practice that it has been outlawed as yet.

    Presumably your son signed the agreement which had the named conditions attached. You keep saying he's an innocent 19 year old but perhaps he should take at least some share of your ire being of adult age and signing for something without your consent which clearly affected you etc?

    That maybe so but I am not sure that it absolves the estate agent from declaring the huge risk. They have to tell you your home is at risk if you borrow 25 quid from a payday loan company, this is far more serious than that.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    edited 17 August 2016 at 7:15AM
    Has your son actually signed the tenancy agreement yet or is he just at the referencing stage?

    Your son's deposit won't be "stolen" as you put it. It sounds as though he has paid a holding deposit whilst the references and guarantors are checked out. If your son fails to provide a guarantor or the referencing process he will forfeit the holding deposit. It's all perfectly legal in England & Wales. Not so in Scotland though were letting agency fees are unlawful. Shelter England did have a petition to end letting fees in England, I believe it was discussed in parliament and the conclusion was to do nothing about them.
  • aquitaine
    aquitaine Posts: 93 Forumite
    GwylimT wrote: »
    It isn't free at all, you simply pay one payment, instead of multiple payments. Do you genuinely believe its free?!

    The advert says it is free and no one has reported them to the ASA as far as I am aware.
  • aquitaine
    aquitaine Posts: 93 Forumite
    Pixie5740 wrote: »
    Has your son actually signed the tenancy agreement yet or is he just at the referencing stage?


    He has signed and paid a deposit and rent in advance. Now they won't give him a key because I have not accepted their demands for unlimited liability for all the tenants. I offered to cover £6k in rent and possible damage for my son only but they are demanding unlimited liability for all of them.
  • GwylimT
    GwylimT Posts: 6,530 Forumite
    1,000 Posts Combo Breaker
    aquitaine wrote: »
    The advert says it is free and no one has reported them to the ASA as far as I am aware.

    It isn't free, it is simply included in the single monthly payment, this attracts people who genuinely believe its free, instead of the costs being recovered elsewhere.

    For example you're in town and see a sign that says "Free coffee with any meal" it isn't free at all as the cost of the coffee is factored into the price of the meals.

    My car insurance claims to provide free breakdown cover, it isn't free at all, the cost has simply been covered by my insurance policy. But people think because they don't have two separate payments the item is genuinely costless.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    aquitaine wrote: »
    it is illegal to start providing unlimited insurance to third parties from what I can see.

    Where are you seeing this? Can you point us towards what you think is the relevant legislation? It's all news to those of us who are mere lawyers.
    aquitaine wrote: »
    It's not a crusade and your attempts at demeaning a serious problem seem rather spiteful to me. If you have nothing constructive to say it is probably better to remain silent.

    Er, it seems quite a relevant point, if as you say the tenancy has already started. If you're determined to take legal action then it could take months or years to resolve.
    aquitaine wrote: »
    That maybe so but I am not sure that it absolves the estate agent from declaring the huge risk. They have to tell you your home is at risk if you borrow 25 quid from a payday loan company, this is far more serious than that.

    Payday loans aren't secured over your house, and I doubt this guarantee is going to be either, so perhaps the reason you haven't been warned that your home is at risk is because your home isn't at risk?
  • mozza78
    mozza78 Posts: 93 Forumite
    aquitaine wrote: »
    That maybe so but I am not sure that it absolves the estate agent from declaring the huge risk. They have to tell you your home is at risk if you borrow 25 quid from a payday loan company, this is far more serious than that.

    Surely it is your son who should understand that it involves a huge risk on your behalf. He is 19 not 12 and presumably if he's at uni he's a bright lad. He couldn't figure out to give you a call and ask your opinion before signing anything?

    As for the practice of having a guarantor I dont think its unreasonable to expect a landlord to rent to maybe 5/6 individuals with no working history or discernible income, from a section of society who don't have the best reputation as reliable or careful tenants without some kind of safety net.
  • aquitaine wrote: »
    He has signed and paid a deposit and rent in advance. Now they won't give him a key because I have not accepted their demands for unlimited liability for all the tenants. I offered to cover £6k in rent and possible damage for my son only but they are demanding unlimited liability for all of them.

    Is your problem that you want the deposit and advance rent back because they didn't tell him beforehand he would need a guarantor? If that is the case then I would concentrate on that if I were you.

    Would you see that as an equitable solution and if so, can you show that he was not told of the need for a guarantor before handing over the deposits?

    If this isn't your problem then I am not sure what your problem is. They are not going to let him rent the flat without a guarantor, and there's nothing underhand about that.

    Please note also that they are not "demanding" anything from you. Anyone can be the guarantor. If you refuse to be it, you are not involved in the transaction at all.
  • He has signed and paid a deposit and rent in advance. Now they won't give him a key

    Do his housemates have keys, is it a 12 month fixed contract? Does the contract he signed say anything about requiring a guarantor?

    He could get a copy of the key off his new housemates and move in. Pay rent etc as normal. If they want a guarantor they should have set that up as part of the contract signing.

    I doubt they'll like this course of action though, but all they can do about it is issue an S21. They can't do this before the fixed term is up.
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