First months rent and deposit paid, no guarantor contacted

Grecian123

So, I was asked to be a guarantor last week. I didn’t provide an answer but said I need to talk to my other half and have a serious consideration.

However, since the question was asked I received a message from the renter saying she has got the house. She has paid a deposit and first month’s rent and she will be signing the tenancy agreement on Wednesday. I’m concerned as I have not said yes to being guarantor (still considering). She had passed the landlord my email and contact number last week prior to her getting confirmation she has the house as I said I’d like to ask questions of the details before I consider anything.

I have heard nothing from the landlord and a months rent has been paid. Does this sound like a guarantor is not needed now as it all seems to be in motion? I can’t contact the landlord as it is the weekend, but it is playing on my mind. If tenancy agreement is being signed on Wednesday, deposit and rent paid, then surely I would have had to see guarantor agreement by now.

Grecian123

Further to the above, I have had no recent hard or soft searches on my credit report, so they haven’t checked my eligibility to be guarantor either.

FreeBear

Before you can become liable as a guarantor, you need to have signed the agreement (there are a few other steps for it to be enforceable). So if you haven't even seen any paperwork yet, there is no way you are a guarantor.

Grecian123

FreeBear said:

Before you can become liable as a guarantor, you need to have signed the agreement (there are a few other steps for it to be enforceable). So if you haven't even seen any paperwork yet, there is no way you are a guarantor.

Thank you.

The tenancy agreement hasn’t been signed by the renter yet as this is planned for Wednesday, yet she has paid a deposit and one month’s rent. I’m just hoping there will be no guarantor agreement to sign now

Hoenir

Grecian123 said:

FreeBear said:

Before you can become liable as a guarantor, you need to have signed the agreement (there are a few other steps for it to be enforceable). So if you haven't even seen any paperwork yet, there is no way you are a guarantor.

Thank you.

The tenancy agreement hasn’t been signed by the renter yet as this is planned for Wednesday, yet she has paid a deposit and one month’s rent. I’m just hoping there will be no guarantor agreement to sign now

Why would the requirement be waived ? Is the other party being presumptious. 

Grecian123

Hoenir said:

Grecian123 said:

FreeBear said:

Before you can become liable as a guarantor, you need to have signed the agreement (there are a few other steps for it to be enforceable). So if you haven't even seen any paperwork yet, there is no way you are a guarantor.

Thank you.

The tenancy agreement hasn’t been signed by the renter yet as this is planned for Wednesday, yet she has paid a deposit and one month’s rent. I’m just hoping there will be no guarantor agreement to sign now

Why would the requirement be waived ? Is the other party being presumptious. 

Because the landlord said the house is hers, taken deposit and rent and I have not been sent any agreement/paperwork by the landlord for me to consider. Further to this, I haven’t said yes to being guarantor, but had asked for them to contact me so I could ask questions.

Would the landlord have said yes to her getting the house, taking money and not conducted any searches on a guarantor who has been asked, but not said yes yet

Myci85

Is this through a reputable letting agent/estate agent or directly with landlord? I feel your daughter should have clarified if the guarantor was still needed before parting with rent and deposit, especially if you had not yet said yes. 
Hopefully they no longer need a guarantor, but if there has been misunderstanding and the landlord believes that there is indeed a willing guarantor who will be going along to co-sign the agreement, I wonder how easy it will be for your daughter to get a full refund. 

Grecian123

Myci85 said:

Is this through a reputable letting agent/estate agent or directly with landlord? I feel your daughter should have clarified if the guarantor was still needed before parting with rent and deposit, especially if you had not yet said yes. 
Hopefully they no longer need a guarantor, but if there has been misunderstanding and the landlord believes that there is indeed a willing guarantor who will be going along to co-sign the agreement, I wonder how easy it will be for your daughter to get a full refund. 

Directly with a landlord. I would have hoped she would have asked this too, but alas, she did not. It seems odd as she had passed the landlord my contact email and number last week in order to contact me. I have had nothing from them to ask my salary, if homeowner etc, plus no soft searches on my file.

I will certainly not co-sign if this is then raised on Wednesday when I’m at work. I have not agreed to anything yet, and landlords should give guarantors time to read the agreements.

Jemma01

The real odd part is your daughter handing out money without signing an agreement. I wouldn't trust her to be her guarantor.

A holding deposit is a different thing and has it's own paperwork, but she paid a month's rent already, so I'm assuming the deposit is the security deposit.

Grecian123

Jemma01 said:

The real odd part is your daughter handing out money without signing an agreement. I wouldn't trust her to be her guarantor.

A holding deposit is a different thing and has it's own paperwork, but she paid a month's rent already, so I'm assuming the deposit is the security deposit.

For info, not my daughter, but is close family member.

I have looked online and it seems that taking money before tenancy agreement is signed (unless holding deposit of no more than one week’s rent) is prohibited. 

Hoenir

Grecian123 said:

Hoenir said:

Grecian123 said:

FreeBear said:

Before you can become liable as a guarantor, you need to have signed the agreement (there are a few other steps for it to be enforceable). So if you haven't even seen any paperwork yet, there is no way you are a guarantor.

Thank you.

The tenancy agreement hasn’t been signed by the renter yet as this is planned for Wednesday, yet she has paid a deposit and one month’s rent. I’m just hoping there will be no guarantor agreement to sign now

Why would the requirement be waived ? Is the other party being presumptious. 

Because the landlord said the house is hers, taken deposit and rent and I have not been sent any agreement/paperwork by the landlord for me to consider. Further to this, I haven’t said yes to being guarantor, but had asked for them to contact me so I could ask questions.

Would the landlord have said yes to her getting the house, taking money and not conducted any searches on a guarantor who has been asked, but not said yes yet

By other party I meant the individual who is going to rent the property.  The LL has been reassured that there's a guarantor ready and willing. 

A conversation needs to be had pronto.