Category Archives: Guarantor

By Steve Roulstone

Just when you think you may find it difficult to think of something to find as a topic for the second Blog of the week, actually working day to day in a Lettings office comes up trumps. There is after all always something happening and something to write about but never surprising. The point is that it is nearly always a subject that has cropped up before, quite often from a different angle or from a differing view point, but very rarely is it a subject that is new to our experience, which means we are able to respond correctly and quickly.

When is a Guarantor not a Guarantor.

Today’s topic is one that usually only raises its head when another problem exists in the background, so when the conversation starts with the statement ‘I do not want to be a Guarantor any more’ The first question has to be why and then of course we have to advise the consequences, which, unless a replacement is already lined up, is that the Tenancy is still live and that they are still responsible as Guarantors.

Differing positions.

Of course there are many differing situations, this morning’s was the most common one, one partner has left the house and the Guarantor has found themselves looking after the child’s ex partner. This is usually the worst scenario, as we also have to inform the wounded parent that not only are they still liable, but also their child is still responsible for the rent and of course property  as well, until acceptable alternative arrangements are confirmed.

Best advice.

 Of course we do everything possible to make people aware of their liability before the agreement is entered in too, including a separate fact sheet for the Guarantor which is also signed separately to the agreement. The problem is who reads them? We also prefer the Guarantor to be present at the check-in, where the Tenant who has also been given a copy of the agreement to read prior to moving in, which is also ignored more often than not. The point being  that no matter how much we try and at least some do read the information, so it is worthwhile, a percentage of those that do not end up hearing exactly what they do not want to hear when the question is asked.

Solution.

Well in real terms, i.e. as per the agreement, there is not a solution, rather the Tenants have to abide by notice, if the second party still wants to leave and therefore the Guarantee agreement still stands. However taking a practical stance, providing the Landlord does not loose rent then either a replacement can be found or an alternative Guarantor, but ONLY when either criteria is met and new documents signed is the original agreement replaced and not until. Of course if as stated the second person does not leave or no alternative Guarantor can be found, then there is no change!

Conclusion.

So my original statement stands, because a Guarantor is the Guarantor for the duration of the agreement. Of course such problems, whilst being the bread and butter of such articles as mine, do not happen often and if 95% of Tenancies pass without a hitch, then the same percentage of Guarantors never have to make that phone call!