guarantors

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    guarantors

    Hello and thank you for your help in advance..

    I have a house with 3 students moving in (all with guarantors).
    2 of the 3 guarantors far exceed the required 3 times annual rent, however one doesn't quite earn double...
    All 3 are home owners

    I have questioned the agency (who are dealing with this), they have come back with
    '
    each and every guarantor is jointly liable'

    Is this generally the case? What needs to happen for this to be the case?

    (per my understanding each guarantor needs to cover each tenant)

    Thank you


    #2
    There is only one tenant (all three) - and they owe rent jointly - so in reality it is a nonsense to talk of each guarantor covering one tenant. You can say in the agreement that the guarantor is only responsible for a third of the rent, but it would still be a nonsense.

    I would be more concerned about whether any of the three guarantor agreements are valid....

    ^^^^ the above presumes this is a joint tenancy

    Comment


      #3
      Whilst it is true that each tenant is responsible for the whole rent it is perfectly possible to draw up a guarantee which provides for each guarantor to guarantee only "his" tenant.

      Comment


        #4
        Yes - this is a joint tenancy.
        So with a joint tenancy All guarantors are jointly liable
        by default?

        Comment


          #5
          Originally posted by Rutar View Post
          Yes - this is a joint tenancy.
          So with a joint tenancy All guarantors are jointly liable
          by default?
          They are if they sign a standard form of guarantee. It would not surprise if, in the case of student lettings, a court declined to enforce a standard guarantee where the landlord cannot show that it was made plain that each guarantor was liable for the whole rent.

          Comment


            #6
            Thanks.
            So in the case of a standard guarantee it isn’t clear that
            each guarantor is liable?
            how should it be made clear?
            If it’s made clear and then they refuse to sign
            what are the options?

            Comment


              #7
              So in the case of a standard guarantee it isn’t clear that each guarantor is liable?
              More or less. Having a well-drafted document may not be enough. You have to look at all the circumsatnces attending the execution of the guarantee.

              how should it be made clear?
              Apart from having a good document, you have to do the best you can to ensure that the guarantor is fully aware of the obligations he is undertaking.

              If it’s made clear and then they refuse to sign what are the options?
              (a) Ask for other guarantors;

              (b) Change the form of guarantee;

              (c) Grant the tenancy without guarantors;

              (d) Do not grant the tenancy to those applicants.

              Comment

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