Guarantor request by LL for student accomodation

aquitaine

davidmcn wrote: »

For starters, the tenant isn't the letting agent's client. If you don't understand basic stuff like this then it's no wonder you're getting confused between a guarantee and an insurance policy.

Are you saying it is OK for a letting agent to demand that a tenant take on huge risk without advising them of the fact? I think it you who is getting confused. Perhaps you should try and address a subject which is less demanding.

ScorpiondeRooftrouser

aquitaine wrote: »

Are you saying it is OK for a letting agent to demand that a tenant take on huge risk without advising them of the fact? I think it you who is getting confused. Perhaps you should try and address a subject which is less demanding.

The tenant is not the letting agent's client. he owes the tenant no duty of care. He is simply trying to sell them a service on behalf of the landlord, his actual client.

Now if he didn't say, at any point, that the deposit would be forfeit if no guarantor could be found, that's different. But only in the same sense as if he sold them a television, took their deposit, and then told them he couldn't supply it until next year, if at all. Return of the deposit is the only possible positive outcome for you, and then only if you can show that your son wasn't informed that failure to produce a guarantor would result in forfeit of the deposit. I suspect that he was told this but it didn't register as he thought it would be a formality. I suggest that you LOOK at the contract before proceeding any further with this.

DoaM

Forum member for over 12 years but with very few posts ... obviously it's been a long time since you read the forum rules; perhaps now might be a good time to do so? Your behaviour, and the personal insults you are spouting, are clear breaches of forum rules.

DoaM

ScorpiondeRooftrouser wrote: »

Return of the deposit is the only possible positive outcome for you, and then only if you can show that your son wasn't informed that failure to produce a guarantor would result in forfeit of the deposit.

1) It wouldn't only be the deposit return that would be required - it would be the advance rental too.

2) The deposit should have been lodged with a deposit scheme. I can't see any scenario that allows the deposit to be withheld simply because a guarantor couldn't be found - whether or not OP's son was told this is (AFAIK) irrelevant.

The only claim the EA/LA would have is provable losses caused by the OP's son's breach of contract.

ScorpiondeRooftrouser

Just to add, the agent is not trying to con you. The agent expected that you would sign the guarantor form, just as happens with every other student they have on their books, and every other student renting through an agency in the UK. The agent had no idea you would kick up a fuss about this and cause trouble for yourself and your son.

Personally I wouldn't like to sign a guarantor form that made me liable for the rent/damages of other people in the house, but then I wouldn't want my son to sign something like that either, for exactly the same reasons, even if a guarantor wasn't involved. I would encourage him to find a place where he was liable only for his own rent and damages, and guarantee that.

missbiggles1

Rain_Shadow wrote: »

The OP joined MSE over 12 years ago and didn't know that students are generally asked to provide a guarantor for rented accommodation? Or did know and didn't tell their son?

When describing an adult child as "gullible", the only reply can be "I blame the parents!".

davidmcn

aquitaine wrote: »

Are you saying it is OK for a letting agent to demand that a tenant take on huge risk without advising them of the fact?

What do you mean by "OK"? Legal? Yes.

If you think they're doing something unlawful, can you cite the relevant legislation which backs up your point of view?

Perhaps you should try and address a subject which is less demanding.

Oh dear. I am a property lawyer with 20 years experience, but I'll go and give my advice to some more grateful recipients...

Bossworld

Isn't this just par for the course for a student style let?

7 years this summer since I graduated but from what I remember, if everyone pays their rent, no one leaves the house early and the place is in the same condition as you found it, there will not be any issues, and the whole guarantor part becomes, well, academic.

What does your son make of your actions preventing him from moving in with his mates?

ScorpiondeRooftrouser

DoaM wrote: »

1) It wouldn't only be the deposit return that would be required - it would be the advance rental too.

2) The deposit should have been lodged with a deposit scheme. I can't see any scenario that allows the deposit to be withheld simply because a guarantor couldn't be found - whether or not OP's son was told this is (AFAIK) irrelevant.

The only claim the EA/LA would have is provable losses caused by the OP's son's breach of contract.

I am assuming the advanced rent will be returned; it doesn't seem like he has asked for that yet.

I don't believe this deposit is that sort of a deposit, but a holding deposit, which has completely different rules. Although we don't know, because he hasn't read the contract.

aquitaine

DoaM wrote: »

Forum member for over 12 years but with very few posts ... obviously it's been a long time since you read the forum rules; perhaps now might be a good time to do so? Your behaviour, and the personal insults you are spouting, are clear breaches of forum rules.

I came here seeking constructive comments, not spiteful put downs from people who seem to enjoy the plight of others. A robust response to such spiteful behaviour is entirely justified. Anyway, none of us are complaining about it so mind your own business.