Tenancy contract signed - is it too late for the agent to insist on a Guarantor?

fluffymuffy

Child #4 is off to uni, after spending the 1st year online. 

She's made some friends in her study group and they're renting a house together. (Which they've never seen, nor have they met each other in person). The letting agent asked for details of a Guarantor and so she gave her dad's email & phone number. Then the letting agent sent her the contract to sign, which she did. The house is all-bills-included and would work out at £650/month if there were 4 of them sharing, but there's only 3 signed up so far. Seems that if two didn't pay out than the remaining would be liable for all the rent (!!).

Her dad looked at the paperwork (they want pay slips/accountant's letter or evidence of home-owning) and said "No thanks" - (wise lad) - "Not risking my house on this, & I'm not providing payslips cos I'm self-employed & earned nearly nothing this last year". The letting agent hasn't phoned him, only emailed over the Guarantor contract link, every day, for a fortnight (until I blocked their email address).

The letting agent has lied already by implying the Guarantor would only be liable for £650/month, when it seems clear the liability could be for the whole year's rent for everyone (joint & several liability) + any damages. Potentially £30K+

They're saying that without the Guarantor they won't be able to hand over the keys.

I can't find any mention of a Guarantor being required in the actual Tenancy agreement contract. 

Seems to me that they might have slipped up by pushing for a signature on the Tenancy agreement without first signing up a Guarantor (?). If it was a requirement than the contract shouldn't have been offered to be signed without this in place (?). Seems too late to be insisting on this (?).

I'm not anticipating a problem with #4 affording the rent. Because there are lots of jobs going & if necessary Bank of mum&dad would help, but not as Guarantor's for the whole thing.

Anyone got any words of comfort/advice?

[Deleted User]

fluffymuffy said:

Child #4 is off to uni, after spending the 1st year online. 

She's made some friends in her study group and they're renting a house together. (Which they've never seen, nor have they met each other in person). The letting agent asked for details of a Guarantor and so she gave her dad's email & phone number. Then the letting agent sent her the contract to sign, which she did. The house is all-bills-included and would work out at £650/month if there were 4 of them sharing, but there's only 3 signed up so far. Seems that if two didn't pay out than the remaining would be liable for all the rent (!!).

Her dad looked at the paperwork (they want pay slips/accountant's letter or evidence of home-owning) and said "No thanks" - (wise lad) - "Not risking my house on this, & I'm not providing payslips cos I'm self-employed & earned nearly nothing this last year". The letting agent hasn't phoned him, only emailed over the Guarantor contract link, every day, for a fortnight (until I blocked their email address).

The letting agent has lied already by implying the Guarantor would only be liable for £650/month, when it seems clear the liability could be for the whole year's rent for everyone (joint & several liability) + any damages. Potentially £30K+

They're saying that without the Guarantor they won't be able to hand over the keys.

I can't find any mention of a Guarantor being required in the actual Tenancy agreement contract. 

Seems to me that they might have slipped up by pushing for a signature on the Tenancy agreement without first signing up a Guarantor (?). If it was a requirement than the contract shouldn't have been offered to be signed without this in place (?). Seems too late to be insisting on this (?).

I'm not anticipating a problem with #4 affording the rent. Because there are lots of jobs going & if necessary Bank of mum&dad would help, but not as Guarantor's for the whole thing.

Anyone got any words of comfort/advice?

Has the landlord signed the tenancy agreement yet? 

deannagone

Can your daughter find a room somewhere or apply to live in halls as a mature student (one who helps other students)?  

As far as I understand it, whilst your daughter has signed the tenancy agreement, legally the LA/LL have not yet agreed that they can move in, your daughter and the other parties haven't actually fulfilled their requirements yet. 

Has a deposit been paid?

HampshireH

deannagone said:

Can your daughter find a room somewhere or apply to live in halls as a mature student (one who helps other students)?  

As far as I understand it, whilst your daughter has signed the tenancy agreement, legally the LA/LL have not yet agreed that they can move in, your daughter and the other parties haven't actually fulfilled their requirements yet. 

Has a deposit been paid?

A mature student is someone who in adulthood attends education years after leaving school. She would just be a normal student in halls (quite normal for second years to stay in halls)

However for September it's unlikely she would get s place at this stage and also she seems to be quite keen to live with friends. Halls definitely doesn't suit everybody.


I agree that it sounds like the LL has t signed the contract I'd the LA are still chasing the guarentor.

OP maybe tell the agency you want he clause changed to confirm their email that you in will only be liable for #4 portion of the rent at £650 a month as a result of her personal non payment as per their email dated xxxx and see what they say 

Ignoring them won't help your daughter.

She put you in this situation by telling them her dad would be the guarentor and then by signing a tenancy agreement far to early without checking things with you first. The LA are just doing their job based on her instructions that her dad would sign the paperwork.

fluffymuffy

Lover_of_Lycra said:

fluffymuffy said:

Child #4 is off to uni, after spending the 1st year online. 

She's made some friends in her study group and they're renting a house together. (Which they've never seen, nor have they met each other in person). The letting agent asked for details of a Guarantor and so she gave her dad's email & phone number. Then the letting agent sent her the contract to sign, which she did. The house is all-bills-included and would work out at £650/month if there were 4 of them sharing, but there's only 3 signed up so far. Seems that if two didn't pay out than the remaining would be liable for all the rent (!!).

Her dad looked at the paperwork (they want pay slips/accountant's letter or evidence of home-owning) and said "No thanks" - (wise lad) - "Not risking my house on this, & I'm not providing payslips cos I'm self-employed & earned nearly nothing this last year". The letting agent hasn't phoned him, only emailed over the Guarantor contract link, every day, for a fortnight (until I blocked their email address).

The letting agent has lied already by implying the Guarantor would only be liable for £650/month, when it seems clear the liability could be for the whole year's rent for everyone (joint & several liability) + any damages. Potentially £30K+

They're saying that without the Guarantor they won't be able to hand over the keys.

I can't find any mention of a Guarantor being required in the actual Tenancy agreement contract. 

Seems to me that they might have slipped up by pushing for a signature on the Tenancy agreement without first signing up a Guarantor (?). If it was a requirement than the contract shouldn't have been offered to be signed without this in place (?). Seems too late to be insisting on this (?).

I'm not anticipating a problem with #4 affording the rent. Because there are lots of jobs going & if necessary Bank of mum&dad would help, but not as Guarantor's for the whole thing.

Anyone got any words of comfort/advice?

Has the landlord signed the tenancy agreement yet? 

Yes - it already had his signature when they sent it. And the signatures of another two tenants.

fluffymuffy

deannagone said:

Can your daughter find a room somewhere or apply to live in halls as a mature student (one who helps other students)?  

As far as I understand it, whilst your daughter has signed the tenancy agreement, legally the LA/LL have not yet agreed that they can move in, your daughter and the other parties haven't actually fulfilled their requirements yet. 

Has a deposit been paid?

I think so. Some money has been paid.

It does look a nice place, and daughter would still like to live there. We're just not prepared to underwrite everything. 
She's not a mature student - only 19.

fluffymuffy

HampshireH said:

OP maybe tell the agency you want he clause changed to confirm their email that you in will only be liable for #4 portion of the rent at £650 a month as a result of her personal non payment as per their email dated xxxx and see what they say 

That sounds like a potential way forward. Although we still have almost no income and so no way to pass their affordability check, and we're certainly not risking our house for anything. If child #4 was in dire need then we could top up their rent out of our savings. We couldn't afford £650 a month. 

Although it seems to me that we don't actually have to offer them anything. It looks like the contract is complete already.

deannagone

<cough> by mature I mean older.., universities often allow older (ie. not 18 years old) students to stay for a second year in halls, but they are expected to take on an advisory role with other newer students.  Rent might be reduced as well.  I'm afraid I can't remember the name given to that role though.

Mature was a bad choice of word.  But I'd have hoped it would have been understood to not mean any over 26 years student in this context.  But it was phrased badly.

HampshireH

fluffymuffy said:

HampshireH said:

OP maybe tell the agency you want he clause changed to confirm their email that you in will only be liable for #4 portion of the rent at £650 a month as a result of her personal non payment as per their email dated xxxx and see what they say 

That sounds like a potential way forward. Although we still have almost no income and so no way to pass their affordability check, and we're certainly not risking our house for anything. If child #4 was in dire need then we could top up their rent out of our savings. We couldn't afford £650 a month. 

Although it seems to me that we don't actually have to offer them anything. It looks like the contract is complete already.

Hopefully you will be off the hook, however your daughter won't be as she will be liable for all the rent if that's what you are saying the tenancy states . I.e. they are joint tenants. 

Or it is null and void in the absence of a guarentor (she may have signed something else) and she will have nowhere to live but will lose whatever monies she put forward for wasting their time.

Sounds unlikely if it's signed by all parties.

Sounds like a conversation needs to be had with #4 about signing you up to stuff you can't afford before asking though