To ask any solicitors about the legal implications for being a rental guarantor when tenant doesnt have job?

[irritablehead1]

I've been asked by a member of my family to be a guarantor on their flat. They don't currently have a job (not long out of studying) - not sure how they expect to pay for it, but assume benefits are involved.

The individual seems to think there is no legal responsibility - it's just 'assurance for the landlord' and they would never 'devolve that responsibility to me' - but everything I read on line says the opposite.

Is this individual being naive? I don't really want to do it all. I want to be supportive but they need to get work and I don't want to enable them to stay unemployed. Nor do i want to find myself having to bail them out financially.

You are guaranteeing to pay the rent if they don’t. If they don’t pay you are 100% liable. I would not do this unless I was a millionaire and could afford to rent the place without it impacting me at all.

Don’t do it

There is very much a legal responsibility if you are a guarantor. You would be legally obliged to pay the rent if for whatever reason the tenant doesn't so unless you are happy to pay their rent for them, don't do it

Also yes it is 100% legally binding and not just ‘assurance for the landlord!’

A guarantor is responsible for the rent if not paid. They reamin guarantor for as long as the renter is in the property.

Don't do it. You are responsible if the person defaults .

The only people I would do this for are my children.

It is 100% legally binding and guarantees you’ll pay the rent if they don’t.

You don't want to do it, so don't.
You would be liable to pay if they don't. I wouldn't take that on for anyone, except maybe my own child. If they don'y pay, and it takes a year to evict them (possible), you are then paying a years rent.

I have been guarantor for my adult DC rent. It absolutely makes you legally responsible for any debt that accrues.

Just explain you have taken legal advice and you are not in a position to be guarantor.

Try watching that sherriff/bailiff programme - can't pay, well take it away. As a guarantor you will have to pay the rent and any court costs if the renter cant or won't pay. You could lose your own home and still be thousands in debt. It is not something to take on lightly and will depend on the character of the renter and how much you trust them to ensure they will pay,, eg take on three jobs, work 60 hours a week type of person.

You don’t to be a solicitor to answer this one!
You would be liable if you sign to make yourself liable. What on Earth would be the point of the guarantor otherwise?!

The very fact that they lied to you on what being a guarantor means should be a pretty good indication that you shouldn’t do it.

@Proudbooner - that's a big assumption, that they lied. Don't make assumptions, please.

Thanks all. Confirmed my position.

* The very fact that they lied to you on what being a guarantor means should be a pretty good indication that you shouldn’t do it.*

^This

DP did for someone a few years ago. The fallout was not pleasant. Eventually he managed to get out of most of it on a legal technicality but we were very lucky indeed - our solicitor certainly earned his fee.

We'd never do it again except for our children.

Unless you can afford to pay someone else's rent on an ongoing basis with no financial day to day impact on yourself - say no.

Absolutely not.

Total madness.

🙄

Unless you can pay the rent for possibly months whilst they are evicted ( worse case scenario) then no. I would only be guarantor if I had 12 months rent in the bank personally.

DD is a student, and I am her guarantor for her student rental, as are the parents of her flatmates. If DR dropped out I would be liable for her rent until the end of the lease.

I am a guarantor for my son as he has just finished studying and was job hunting (he has a job now). He is the only person I would do this for.

Don’t do it!!!! As soon as money becomes involved even the best of friends can fall out and same for family members.

I was in exactly the same position, the person lied by playing down the role of guarantor. I highly doubt that they were innocent and naive, they were desperate. Luckily I looked into it and declined.

Definitely don’t do it. Even if your family member has the best of intentions, if they can’t pay for any reason, genuine or not, you become liable. You not only need to be able to trust 100% that they will pay their rent on time every month, but also that they will look after the property and not cause any damage that the LL could claim for at the end of the tenancy.

I've declined. I feel crappy as I have a great connection with this person, but I have to do what I instinctively know is right.

It doesnt matter whether or not they are employed, unemployed, win the lottery or end up in hospital. Or anything else.

You're guaranteeing that you will pay the rent if they dont. That's it. That is what a guarantor is.

I think it’s the right decision. I can’t imagine being willing to be a guarantor for thousands of pounds for anyone other than my children

I think it’s the right decision. I can’t imagine being willing to be a guarantor for thousands of pounds for anyone other than my children