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.

I'd just about do it for my kids and even then I'd make damned sure they were doing something about getting a job.

As for anyone else? Absolutely not. Even if benefits are involved, doesn't mean one single penny is actually being seen by the landlord.

Even if the rent is "cheap", arrears mount up very quickly and you may well be on the hook for any damages caused or costs associated with the default.

I have only ever done it for my children whilst they were either studying or just starting work. I would never do it for anyone else no matter how close they were.

Is this individual being naive?

They may well have seen it as a mere formality, since most people who enter into a context fully intend to pay what they're agreeing to pay at the time they agree to it.

But obviously things don't always work out as planned, and it sounds like they haven't really thought through the enormity of the financial commitment they were asking you to make.

You might feel crappy now, but it sounds like one of those decisions that will turn out for the best. It might motivate your relative to get a job, which would ultimately be much better for them.

As pp have also said, the only time I have been guarantor was when DS was in a student house whilst at uni - all the parents had to.

No a million times over. Basically legally from when we handled this at our firm then you are liable for their rent - eg the landlord chases you.

The only time we ever recommended this was maybe with a student or someone going through a hard time (woman left her DH, temped, had regular work and her DP’s kindly offered to pay if she couldn’t), was in interim period before she got divorced and awarded half of house etc) even the student didn’t miss a payment.

But there are lots of horror stories where you’re chased legally for unpaid rent which can run into months before further action like eviction is taken. Even then I believe landlord can chase you not tenant I believe.

Do not do it. We did it for our dd at Uni, but we were very much aware we were liable to pay rent if she did not. She had a very bumpy third year and I honestly thought we would have to find £££ to bail her out rent wise. Fortunately she stayed on and got her degree. But even that, with our own daughter, was a real wake up call. Glad you have declined op. The right decision.

@mumofEandE

As pp have also said, the only time I have been guarantor was when DS was in a student house whilst at uni - all the parents had to.

@mumofEandE - ah yes that’s right with our case and student all parents had to do this. I think her parents ran it past us just to check it was ok legally and also student wasn’t that good with money but she soon pulled up her socks and got good with money.

I voted YABU for some reason but DON’T DO IT!!!