Letting agent`s resposibility to check out Guarantor

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Letting agent`s resposibility to check out Guarantor

    Going round in circles and desparately need some clarification.
    I am guarantor for my daughter and her boyfriend`s AST. I always remembered from civics lessons, never stand guarantor. However I spoke to the letting agent beforhand and asked what the worst case scenario would be should they default. I was informed that as they had paid 2 months deposit it would be 4 months rent at most.

    When the garantor application arrived I wrote that I agreed to 6 months only and signed it.

    Now the relationship has broken up, I hear he is a criminal who decided to go straight , for the sake of my daughter. He has a gun, has murdered etc etc. I am horrified and terrified.

    I am 60 years old am not eligible for a pension til 2014 and am claiming JSA. On the the garantor app. I said I was retired , a pleading daughter and gullible mother. Though I must take resposibility for this. I signed.

    He is threatening to trash the flat I have informed the agent of this and they do no want to know. Legally should the agent check out my credit rating and income , or not? I know I have acted wrongly is there any way through?

    #2
    The agent has no duty to you to check whether you are financially capable of standing guarantor - they have that duty to the landlord but that's not much use to you.

    Can you tell us:

    Does the guarantee document state it is either a 'deed of guarantee' or 'executed as a deed'?
    Did anybody witness your signature? If so, was this person linked in any way to the landlord/agency?
    When you signed the guarantee, were you given time to read & take legal advice? If not, who denied you this?
    When you signed the guarantee, were you given a copy of the tenancy agreement?

    Comment


      #3
      The agents responsibility for checks etc is to the Landlord not to you so you will be liable unless the guarantee is not valid for some reason.

      Comment


        #4
        Hi thank you for your reply, I have gone over the tenancy agreement with , I hope , a fine tooth comb, though I don`t understand all the terminology. But, `deed of guarantee` and executed as a deed` does not appear. The part that we all signed and was witnessed by the letting agent in the letting agents office is actually just number 8,Guarantor it is not a separate paper from the tenancy agreement. The first I saw of the agreement was when I was taken by the boyfriend to the letting agen to sign, all very hurried and stressed and desparate for me to sign. I have since asked for my copy of the tenancy agreement and it finally appeared a few days ago.Many thanks again

        Comment


          #5
          Just one other point, if the agent is responsible for checking the guarantor`s ability to be a guarantor, for the landlord information, then are they negligent in not checking properly for the landlord. I know this sounds like trying to shift the responsibility. I realise that I am responsible for signing I just dont want to loose my house

          Comment


            #6
            If the liability fell on you and you couldnt pay, then the LL could sue the agent for negligence, as they will have suffered a loss.

            If you can pay, the LL should be happy.

            either way, that is the LL's problem, I dont see what it has to do with you.
            All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

            Comment


              #7
              Have his threats and firearm been reported to the police?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                No as I and my daughter are too frightened of repercussions and we are to keep the situation calm. We did consult with her uncle who is ex detective with the MET and he said not to do anything. I am reday to go to the police but I must ensure she is safe first, I did let the letting agent know all of this and they said it had nothing to do with them

                Comment


                  #9
                  If there is no separate guarantor agreement in existence then I doubt they would have much success relying on the tenancy agreement to force you into paying.

                  the agent should have checked your financial ability to pay but its their problem if they didn't, it doesn't necessarily let you off the hook though. I would advise you to convince your daughter to hand the property back asap either by giving notice if she can or by mutual agreement with the landlord.
                  My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

                  Comment


                    #10
                    Guarantor could have co-signed orig AST as 'Guarantor' and should be aware of his liabilities for duration for that AST.
                    Credit checks on G's should be as rigorous as for T. If your only income was JSA, you would have failed. LA prob took note of fact you own your own property (Land Reg check) so accepted you, as any default by T could be added as a charge to your property if nec, repayable when property is sold/transferred. I doubt a sale can be 'forced' for a rel small % of sale value.
                    Another option would be for dau (T) to exclude b/f from property.
                    If he is not named on AST, then he is there as her 'guest'.
                    No mention of guns, no Police involvement if he leaves.IMO

                    Comment


                      #11
                      Originally posted by mungo View Post
                      No as I and my daughter are too frightened of repercussions and we are to keep the situation calm. We did consult with her uncle who is ex detective with the MET and he said not to do anything.
                      Yes, we need nutters with firearms on the streets.
                      Allow tenants to protect their own deposits. I want free money when they do it wrong

                      Comment


                        #12
                        This situation has now been reported and police have no records of him.

                        Comment


                          #13
                          Thanks so much for your reply. My daughter and the boyfriend are joint tenants. If she gives notice and leaves the property I have been told, by the letting agent that I am still guarantor for the boyfriend and if he wants to continue add infinitum after the 6 months then it carries on, any advice would be welcome.

                          Comment


                            #14
                            He is tenant with her

                            Comment


                              #15
                              Originally posted by mungo View Post
                              My daughter and the boyfriend are joint tenants. If she gives notice and leaves the property I have been told, by the letting agent that I am still guarantor for the boyfriend and if he wants to continue add infinitum after the 6 months then it carries on.
                              This may depend on the precise wording of the guarantee. What exactly does it say?

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X