First months rent and deposit paid, no guarantor contacted

Grecian123

Hoenir said:

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. 

The LL hasn’t been reassured of this yet. They were given details to contact me so I could ask questions about potential agreement.  I haven’t said I will be a guarantor as I needed to discuss with my partner and this was passed to the LL. They haven’t conducted any searches on me to see if I was eligible.

RAS

I'd sit tight. Amongst other things, you have to be issued with a copy of the rental agreement before signing the deed.

Just say nothing more. If the tenant signs the rental agreement without you signing the guarantee documentation, she has a valid tenancy, regardless. She paid the rent up front. The LL has no legal means to remove her.

Mr.Generous

I think the LL has run the tenant through the vetting credit checks, and the rent has come back as affordable, so no guarantor required, otherwise they wouldn't be going ahead. But as someone said it's actually illegal to take more than a holding deposit before T/A is signed.

ThisIsWeird

I have next-to-zero knowledge of this area, but it would appear that the tennant is quite secure in this case, if what the LL has done - by taking a deposit and month's rent pre-sign - is, indeed, prohibited. That technical point should be easy to confirm on Google, I'd have thought, or via a quick chat with 'Shelter', perhaps?
So, if they wish to avoid getting themselves into a bit of bother, the LL may decide to continue as they are, rather than insist on a guarantor, even if that was their original intention. The consequences of breaching many such technical rules can be quite costly to LLs, I understand.
Presumably this lady has a solid paper trail? In which case the worst case scenario is almost certainly that she gets every penny back with little argument, and has to start again elsewhere.

On a connected note, don't take on the role of a guarantor lightly - I think you know this

You seem to have concerns here in any case? Could that be because, for example, you suspect that this property is a tad outside her means? She's 'pushing' it a bit, and potentially using you for protection?

GDB2222

Forgive me if this sounds rude although it is not meant to be, but why are you asking a forum of strangers, rather than your friend who is taking out the tenancy? 

There have been cases of fraud where someone who doesn’t own a flat takes deposit etc, then disappears. Some rental platforms, like Openrent take some trouble to ensure that the person purporting to rent out a property actually does own it.

Grecian123

GDB2222 said:

Forgive me if this sounds rude although it is not meant to be, but why are you asking a forum of strangers, rather than your friend who is taking out the tenancy? 

There have been cases of fraud where someone who doesn’t own a flat takes deposit etc, then disappears. Some rental platforms, like Openrent take some trouble to ensure that the person purporting to rent out a property actually does own it.

Because she is not sure if guarantor now needed as she has been told she has the house and she has paid deposit and month’s rent. She has not got the agreement, but will be signed on Wednesday so I have not had a chance to see it. As it is the weekend, we cannot get answers

GDB2222

You mean she paid all that money without checking!?

MattMattMattUK

Do not become a guarantor, it almost never ends well. 

Mr.Generous

MattMattMattUK said:

Do not become a guarantor, it almost never ends well. 

I've had guarantors twice from tenants, both behaved impeccably and there was never any need to use the agreement.

newsgroupmonkey_

MattMattMattUK said:

Do not become a guarantor, it almost never ends well. 

I've been a guarantor twice for my kids. Absolutely no issues. There was never a need to speak to anyone either.