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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Student Guarentor - quick advice needed

21 replies

DeeDooDee · 12/05/2017 10:45

I was hoping someone could clarify something for me. I've been asked to be a guarantor for DS3's student accommodation - he is doing a PhD and will be living with a nice group of friends that he has lived with before. Even though there is no particular reason to be concerned I'm still a bit nervous.

I think the 'deed of guarantee' is saying that I'm liable for just his rent and not the others rent but otherwise my guarantee is unlimited. I think I'm ok with this but would like to double check. I'm really happy to get proper paid for advice if needed but I think it's ok I understand that he is 'jointly and severally liable' though.

The wording of the clause is as follows

Our liability under this guarantee in respect of the rent payable under the agreement shall be limited to the tenants contribution to the total rent as noted in this agreement. Otherwise a guarantee is unlimited as the tenant is jointly and severally liable with ours to otherwise comply with the terms and provisions of the agreement this means that I acknowledge that my liability is for any breach of the terms and provisions The agreement not only by the tenant but by any of the other tenants (other than in respect of non-payment of rent by them)

My son has plenty of savings so I was wandering if he would even need a guarantor. 🤔

Thanks

(Sorry if I've made any typos)

OP posts:

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DeeDooDee · 12/05/2017 12:52

There is no mention of the amount of the rent so I was thinking I could note what his rent actually was on the form but not sure that is necessary

OP posts:

AvengingGerbil · 12/05/2017 13:07

That seems to be saying the 'joint and several' liability applies to any breach of the agreement other than the rent, ie if another housemate trashed the place, you could personally be liable for the entire costs of repairs.

Get proper advice.

DeeDooDee · 12/05/2017 17:14

Thank you for answering. I think I'll get someone to look at it just to be sure.
I think Im ok with only being liable for damage etc las I'm not liable for the other students rent. They are a responsible who don't party so I should be ok. Fingers crossed.

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lizzyj4 · 12/05/2017 17:24

I've been a guarantor for 3 of mine add never thought much about it - if they are all responsible people, there shouldn't be any problems.

But ... I think the agreement is saying that you would be personally liable for any rent not paid by any of the renters or any damage caused. There were a couple of horror stories on MN recently about this and they had all become liable for rent not paid by one of the students (who had gone back to the US). So yes, agree with PP, it might be worth seeking additional advice.

lizzyj4 · 12/05/2017 17:25

Sorry, just re-read the last line from the contract, ignore me.

DeeDooDee · 12/05/2017 17:56

@lizzyj4.
I've seen a few accounts of horror stories but I'm sure they must be relatively rare - at least I hope so.

I think I've been lucky not have been asked to be a gaurantor before as I get the impression that in some student towns all landlords routinely require one. DCs are all at cheap Northern Unis where there is a surplus of student accommodation - I suspect if they were down south it might be different

I'm a risk adverse person and I don't like signing up for 'open ended' risk. Im probably overthinking this though

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DeeDooDee · 12/05/2017 17:58

Ugh, just noticed I made a spelling mistake in the thread title. 😱😳

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Blankiefan · 12/05/2017 18:04

Citizens advice should be able to help you with some advice.

ElsieMc · 13/05/2017 07:25

I have been a guarantor for my dd and I have not had any issues. The Uni had it's own private accommodation and when each student left for the summer, they had an individual inspection where each party signed for the state of the flat at the time. However, the key here is jointly and severally liable. This means the landlord could pursue you for damage caused by other parties and even (I think) their non-payment.

They might all seem a nice group of friends but when it comes to money issues things can soon turn very difficult.

One of the main problems is that a lot of Landlords/Uni's will not let without a guarantor particularly as when many begin uni they are under 18.

I wouldn't use CAB, I would get a half hour free session with a local solicitor but I think you already know the risks.

ElsieMc · 13/05/2017 07:25

I have been a guarantor for my dd and I have not had any issues. The Uni had it's own private accommodation and when each student left for the summer, they had an individual inspection where each party signed for the state of the flat at the time. However, the key here is jointly and severally liable. This means the landlord could pursue you for damage caused by other parties and even (I think) their non-payment.

They might all seem a nice group of friends but when it comes to money issues things can soon turn very difficult.

One of the main problems is that a lot of Landlords/Uni's will not let without a guarantor particularly as when many begin uni they are under 18.

I wouldn't use CAB, I would get a half hour free session with a local solicitor but I think you already know the risks.

DeeDooDee · 13/05/2017 09:01

They might all seem a nice group of friends but when it comes to money issues things can soon turn very difficult.

It's annoying having to be a guarantor (in effect) for people I don't know well. I think the fact they have all lived together for a few years helps but even so.

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I17neednumbers · 13/05/2017 09:05

"One of the main problems is that a lot of Landlords/Uni's will not let without a guarantor particularly as when many begin uni they are under 18."

yes this is one of the not much talked about costs of univ education away from home - students effectively need a guarantee from dparents or their choice of 2nd/3rd year accommodation is significantly reduced. You're not overthinking op - the commitment is real. It would be interesting to know how often the guarantees are called on - you don't hear many horror stories it's true.

wowfudge · 13/05/2017 11:16

I read that clause as guaranteeing only your DS's share of the rent. But any other costs could be enforced against a single guarantor for all the tenants. It's a myth that solicitors provide free advice. You could try Shelter though.

DeeDooDee · 13/05/2017 12:30

That's how I'm reading it WowFudge. Apart from one of the students who is a long term friend of DS they've all lived together for the past three years. Theyve kept their previous houses clean and tidy. I'm almost sure it will be okay.......

Thanks for the replies.

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user1492287253 · 14/05/2017 08:32

I think that wording is fairly common with regard to damage as its impossible for the landlord to establish who caused the damage. In dds yr 2 accomodation (think young ones), one lad ruined the sofa. He denied it at the last moment. Fortunately i pointed out that it was ancient, and its written down value was probably about 20 quid before they got there!

Brokenbiscuit · 14/05/2017 08:40

Horror stories do occur. Please don't sign this without ensuring that you fully understand what you're committing to. Things can and do go wrong.

It's highly likely that your dc's university or students' union will have a free advice service. They may have a contract checking service. Most will provide advice to parents in these situations too. I would contact them in your shoes and see what they suggest.

peukpokicuzo · 14/05/2017 08:46

Basically I think it is saying that although you are only going to be held responsible for your DS's debts, your DS's debts will include debts incurred by other housemates if they default anyway.

Do you or DS have sufficient savings to pay the whole rent for the year plus damage deposit up front? If so then the LL may agree to waive the guarantor requirement.

DeeDooDee · 14/05/2017 08:49

Thanks for the replies. I'm confident I understand now but I still don't like it. . The University is a good suggestion.

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poisonedbypen · 14/05/2017 08:51

I don't like it either but all student accommodation agreements seem to have this. Sadly you have little choice!

DeeDooDee · 14/05/2017 08:52

DS has plenty of saving and could pay upfront. That would be the best option. I'll get him to find out if it's possible.

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Mc180768 · 14/05/2017 10:42

The word unlimited is key.

It will also depend on the tenancy agreement. If there is one tenancy for the whole dwelling as opposed to room only and access to the shared facilities, that means that all parties are jointly liable for the outstanding rent.

It is an area of shaky legalities in terms of guarantors. The property will likely qualify under HMO management standards if three or more people form two or more single households.

Your answer to this conundrum lies in the type of tenancy agreement. If one single tenancy agreement, then your liability increases.

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