Many tenants will be asked to provide a Guarantor to pass the referencing. Please see our previous article on referencing for more details regarding this) https://www.gpslettings.co.uk/blog/34-a-short-guide-on-passing-the-referencing-process
If you are asked to stand as Guarantor for someone you should consider this very seriously
It is an enormous responsibility, and if the person you are Guarantor for stops paying their rent, or breaches their tenancy, then as Guarantor you will be legally obligated to step in and cover the financial loss. Ultimately this loss could end up amounting to £1000’s
Tenants will usually ask close family members, who know them very well and who trust them completely, to act as Guarantor for them.
The Guarantor is Guarantor for ALL tenants who are named on the tenancy agreement. A Guarantor cannot opt out of being Guarantor for ANY named tenant.
Please remember, you cannot ‘end’ you Guarantor obligations if you subsequently have a falling out with the person you have agreed to act for. This includes if there is some kind of relationship breakdown, or divorce / separation.
Obviously, most people who act as Guarantors are never then contacted by us, because the person they have acted for has honoured all their tenancy obligations. It is never nice for us to have to contact the Guarantor after a tenant has moved in, as this will almost always means that there are issues within the tenancy, and the Guarantor will now need to cover rental payments.
If a Guarantor does not honour the terms within the Guarantor deed, and the tenant is taken to court for rent arrears or other tenancy financial breaches, then the Guarantor is also named in the court process. Ultimately this means that both tenant and Guarantor could end up with CCJ’s against their names.
All Guarantors are reminded of the following:
INFORMATION TO BE PASSED TO THE GUARANTOR
Re: Guarantor deeds
This is provided for information purposes only and does not form part of any contract, nor does it alter, affect or amend any guarantor agreement which may be entered into at the commencement of the proposed tenancy.
If tenants fail to pay the rent for the property or fail to meet any of the other obligations set out in the tenancy agreement, the guarantor agrees that they will be solely responsible for all costs.
Furthermore, regardless of the length of the initial tenancy, after signing a guarantor agreement, the signatory understands that they will be the guarantor indefinitely for the entire time that the tenants have tenure of the property.
Effectively, there is no limit to the amount that the guarantor is liable to pay. However, in practice, if the guarantor is confident that the tenant will not default on their rent or cause damage to the property, they should be confident that they will never be called upon to pay anything.
As guarantor you will be asked to attend this office, with the tenants, to sign a copy of the guarantor deed in our presence, they will also be asked to bring along their passport and proof of address (dated within the last 3 months)
Draft copies of the guarantor deed and the tenancy agreement are available at our office for inspection.
We are not writing this to stop anyone from consenting to be a Guarnotor, as without a Guarantor the tenants will not pass the referencing process and will not be able to move into the rental property. We provide this information so that all Guarantors are fully aware of the responsibility being a Guarantor carries, and that they only consent to doing this if they firmly believe that the persons, they are agreeing to act for have the financial capabilities to meet their tenancy obligations and that they are also sensible with their finances and understand that paying rent is a financial priority.
If you have been asked to be a Guarantor, and have questions regarding this, please seek your own legal advice before consenting to sign a Guarantor deed.
Debbie Jones CertCIH FARLA
13/08/23
