Daughter about to rent - new to this....

oliel

oliel said:

propertyrental said:

Grumpy_chap said:

oliel said:

I understand we may need to be a guarantor for her which is fine. 

oliel said:

she felt it would be good to meet the housemates.

If this is a house share / HMO arrangement, what exactly is the OP being asked to act as Guarantor for?
There are occasions where the contract tries to make the various Tenants responsible for each others' rent. 

In other words, that's a 'joint and several' tenancy. Very common and 'contract tries'.....' is misleading.My earlier questions were aimed at clarifying the type of tenancy (or licence) and hence the extent of liability (of both daughter/tenant and OP/guarantor).

Daughter has been in touch with agent and they have asked for guarantor - she's fresh out of uni into new job.  They have asked for copy of my passport and copy or mortgage deeds - however having spoken to mortgage company they said they might not have mortgage deeds as they were phased out in scotland back in 2020 - which is about the time we changed mortgage.  Is there an alternative we can provide?

meant to say i dont know what they haven't downloaded them from the land registry ?

Auti

You want a copy of the terms and conditions of the Guarantor Agreement before you send your personal data I would have thought - you need to see what you are contemplating doing.

user1977

oliel said:

propertyrental said:

Grumpy_chap said:

oliel said:

I understand we may need to be a guarantor for her which is fine. 

oliel said:

she felt it would be good to meet the housemates.

If this is a house share / HMO arrangement, what exactly is the OP being asked to act as Guarantor for?
There are occasions where the contract tries to make the various Tenants responsible for each others' rent. 

In other words, that's a 'joint and several' tenancy. Very common and 'contract tries'.....' is misleading.My earlier questions were aimed at clarifying the type of tenancy (or licence) and hence the extent of liability (of both daughter/tenant and OP/guarantor).

They have asked for copy of my passport and copy or mortgage deeds - however having spoken to mortgage company they said they might not have mortgage deeds as they were phased out in scotland back in 2020

Why do they want to see your "mortgage deeds"? Do they mean they want to check that you own your property (which you can do without a mortgage!) and are not actually interested in your mortgage?

RAS

Few people in England have their deeds either.

All recent ownership changes are recorded the Land Register of Scotland www.ros.gov.uk. I'd check what they actually want as evidence.

If you have a mortgage, would a recent copy of any statement do? In England the basic Registration report is £3, I thought there was something similar in Scotland. Or do they need the deeds which cost £35?

gelato_cat

oliel said:

RHemmings said:

oliel said:

RHemmings said:

Bookworm105 said:

they want proof of ID so they know who they are coming after if they need to
they want proof that you can afford the bill (income or savings whichever you opt for)

you have identified the major concern when being guarantor - restrict it to who you are guaranteeing!
that applies to both non payment of rent and what happens if the end of tenancy damage to the property exceeds the value of the deposit - you don't want to be liable for damage caused by someone else.

Landlords know this and will often have guarantor agreements that make guarantors jointly and severally liable for everyone living in the flat. As tenants would be. E.g. discussed here: https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters

I agree with you that it's a major concern. But, it may be tricky to get out of if the landlord requires such terms in the guarantor's agreement. 

thanks she will be joining an existing flat share i think probably replacing someone who's left so i will bare that in mind.   

Just make sure you read both the tenancy agreement and the guarantor's agreement very, very, carefully. I was about to become someone's guarantor and had been given a verbal description of the arrangement. In particular that it wasn't open ended. When I read the actual agreement word-by-word, it was completely different. I had to refuse to sign. In that case they accepted the tenant without a guarantor - but it was a sticky situation. In hindsight, I feel that I potentially dodged a bullet The person so far has paid rent reliably and not caused damage that I know of, but I would not like to be in an agreement that I have no power to ever get myself out of and where I have to accept that I'm guaranteeing rent with no say over increases etc. 

I have been a guarantor for my son, and at that time was very ignorant about the process. Fortunately it all finished OK. But, I did not understand the legal responsibility I had taken on - e.g.  it was a HMO and I was probably liable for the other tenants too. 

Yes i have a friend who's a lawyer i think ill get them to check it for me legal cargo is confusing at the best of times

@oliel Has the landlord / their agent sent you a copy of the tenancy agreement and guarantor's agreement now, and have you ensured that you are happy with what both documents say?

oliel

user1977 said:

oliel said:

propertyrental said:

Grumpy_chap said:

oliel said:

I understand we may need to be a guarantor for her which is fine. 

oliel said:

she felt it would be good to meet the housemates.

If this is a house share / HMO arrangement, what exactly is the OP being asked to act as Guarantor for?
There are occasions where the contract tries to make the various Tenants responsible for each others' rent. 

In other words, that's a 'joint and several' tenancy. Very common and 'contract tries'.....' is misleading.My earlier questions were aimed at clarifying the type of tenancy (or licence) and hence the extent of liability (of both daughter/tenant and OP/guarantor).

They have asked for copy of my passport and copy or mortgage deeds - however having spoken to mortgage company they said they might not have mortgage deeds as they were phased out in scotland back in 2020

Why do they want to see your "mortgage deeds"? Do they mean they want to check that you own your property (which you can do without a mortgage!) and are not actually interested in your mortgage?

I think is was actually the title deeds they wanted which i now have

oliel

gelato_cat said:

oliel said:

RHemmings said:

oliel said:

RHemmings said:

Bookworm105 said:

they want proof of ID so they know who they are coming after if they need to
they want proof that you can afford the bill (income or savings whichever you opt for)

you have identified the major concern when being guarantor - restrict it to who you are guaranteeing!
that applies to both non payment of rent and what happens if the end of tenancy damage to the property exceeds the value of the deposit - you don't want to be liable for damage caused by someone else.

Landlords know this and will often have guarantor agreements that make guarantors jointly and severally liable for everyone living in the flat. As tenants would be. E.g. discussed here: https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters

I agree with you that it's a major concern. But, it may be tricky to get out of if the landlord requires such terms in the guarantor's agreement. 

thanks she will be joining an existing flat share i think probably replacing someone who's left so i will bare that in mind.   

Just make sure you read both the tenancy agreement and the guarantor's agreement very, very, carefully. I was about to become someone's guarantor and had been given a verbal description of the arrangement. In particular that it wasn't open ended. When I read the actual agreement word-by-word, it was completely different. I had to refuse to sign. In that case they accepted the tenant without a guarantor - but it was a sticky situation. In hindsight, I feel that I potentially dodged a bullet The person so far has paid rent reliably and not caused damage that I know of, but I would not like to be in an agreement that I have no power to ever get myself out of and where I have to accept that I'm guaranteeing rent with no say over increases etc. 

I have been a guarantor for my son, and at that time was very ignorant about the process. Fortunately it all finished OK. But, I did not understand the legal responsibility I had taken on - e.g.  it was a HMO and I was probably liable for the other tenants too. 

Yes i have a friend who's a lawyer i think ill get them to check it for me legal cargo is confusing at the best of times

@oliel Has the landlord / their agent sent you a copy of the tenancy agreement and guarantor's agreement now, and have you ensured that you are happy with what both documents say?

Not seen with as yet they are in the process of doing references but i will ensure i have a good read of both before anything is signed

oliel

gelato_cat said:

oliel said:

RHemmings said:

oliel said:

RHemmings said:

Bookworm105 said:

they want proof of ID so they know who they are coming after if they need to
they want proof that you can afford the bill (income or savings whichever you opt for)

you have identified the major concern when being guarantor - restrict it to who you are guaranteeing!
that applies to both non payment of rent and what happens if the end of tenancy damage to the property exceeds the value of the deposit - you don't want to be liable for damage caused by someone else.

Landlords know this and will often have guarantor agreements that make guarantors jointly and severally liable for everyone living in the flat. As tenants would be. E.g. discussed here: https://england.shelter.org.uk/housing_advice/private_renting/guarantors_for_private_renters

I agree with you that it's a major concern. But, it may be tricky to get out of if the landlord requires such terms in the guarantor's agreement. 

thanks she will be joining an existing flat share i think probably replacing someone who's left so i will bare that in mind.   

Just make sure you read both the tenancy agreement and the guarantor's agreement very, very, carefully. I was about to become someone's guarantor and had been given a verbal description of the arrangement. In particular that it wasn't open ended. When I read the actual agreement word-by-word, it was completely different. I had to refuse to sign. In that case they accepted the tenant without a guarantor - but it was a sticky situation. In hindsight, I feel that I potentially dodged a bullet The person so far has paid rent reliably and not caused damage that I know of, but I would not like to be in an agreement that I have no power to ever get myself out of and where I have to accept that I'm guaranteeing rent with no say over increases etc. 

I have been a guarantor for my son, and at that time was very ignorant about the process. Fortunately it all finished OK. But, I did not understand the legal responsibility I had taken on - e.g.  it was a HMO and I was probably liable for the other tenants too. 

Yes i have a friend who's a lawyer i think ill get them to check it for me legal cargo is confusing at the best of times

@oliel Has the landlord / their agent sent you a copy of the tenancy agreement and guarantor's agreement now, and have you ensured that you are happy with what both documents say?

So far all my daughter has been asked for is a copy of my passport and a copy of the title deeds for our home (proof of ownership).  Nothing else yer - she is supposed to be moving in next week and has put down a holding deposit.  I have not seen the contract yet - I suspect we will get that once they have finished their checks?

RAS

If they don't send you a copy of the contract before you sign, I believe the guarantee is nullified. So don't push them.