Letting agent failed to procure guarantor

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    Letting agent failed to procure guarantor

    Hi

    As mentioned in my post below, my letting agency failed to take correct guarantor details for tenants on housing benefit. In the guarantor section , I merely have the name and address of someone, accompanied by a business headed letter giving a very basic personal reference. There is no indication that this is a relative of the tenants, or any explanation of the relationship, and there are no bank account details or outline of this so-called guarantors responsibilities in the case (as has indeed happened) that the tenants allow their rent to go into arrears.

    The agency has told me that this is irrelevant anyway, as the guarantor would only have responsibility for the first 6 months of the tenancy anyway, so they are not interested.

    Is this the case? Were the agents at fault for not setting up a proper guarantor agreement? How long is a guarantor potentially responsible anyway?

    #2
    The agent has a duty of care to reference tenants properly and to ensure that necessary paperwork is completed correctly.

    It appears this is not the case. A deed of guarantor if well written can tie in the guarantor beyond the end of the fixed term, but a guarantor can then give the landlord reasonable notice to state they no longer wish to be a guarantor. Only the fixed term is watertight.

    I would say your agent is crap and that you might want to consider either instigating a claim through the small claims court for your loss, or perhaps employ a good solicitor which would eb much better. If you were to win then the solicitor's costs are likely to be reclaimable anyway.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      I'm not sure if the fact that the guarantor isn't related is particularly relevant but I do agree it doesn't seem like your agents have done a very good job!

      We don't take bank records off a guarantor but we do require them to be a UK home owner, CCJ free and run a credit and land registry check to affirm the aforementioned.

      It doesnt really help you know but maybe you should ask your agent what makes a guarantor suitable, because if they are just allowing anyone that the tenant knows to sign a piece of paper it seems like it is a waste of everyones time!

      Kind regards,
      John

      Comment

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