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Original poster

Guarantoring uni accommodation

24 replies

Runnerduck34 · 18/02/2020 13:44

Just got the guarantor agreement through for DD accommodation for uni next September.
It's probably standard wording but no idea what I'm looking at.
She is sharing with 4 others and while I'm happy to guarantor her rent I don't want to be liable for her flat mates rent!
The agreement names her and her monthly rent then starts:
In consideration of the Landlord complying with the above request the Guarantor jointly and severally undertakes and agrees with the Landlord as follows:
What does jointly and severally mean?
Also agreement mentions being liable for any outstanding utilities which I was told was included in the rent.
Finally the rent was advertised at £2200 per month but the 5 tenants are paying £500 a month each, going to query this as no idea what the extra £60 a month each is for.
Does anyone have any experience or advice? Really want to understand what I'm signing!

OP posts:
Pinkbonbon · 18/02/2020 13:48

Phone and speak to the reception at the student halls and they'll explain it. To my knowledge you are only signing for covering your own childs rent. Though I don't know what would happen if other guarantors couldn't pay their share...

Dunno what the extra dosh is for...admin fee? Wouldn't be surprised lol.

pumpkinpie01 · 18/02/2020 13:48

Jointly and severally means that 2 or more people are responsible.I'm guarantor on my DD's and it states the same, not that I was overly happy about it. I would go direct to the landlord/letting agent and ask for a breakdown of the rent and clarification of the utility bills.

Igmum · 18/02/2020 13:53

My understanding of joint and several is that yes, you could be held liable for everybody's rent. Is this a group of second years moving into private accommodation? I don't know if this is standard - it may be - but your daughter's Students Union should have good, free legal advice. Suggest she speaks to them

dementedpixie · 18/02/2020 14:00

Sounds like you'd be liable for any others who don't pay too

drivingtofrance · 18/02/2020 14:04

Yep. Joint and severally means that the agency/ landlord would be able to claim against any of the guarantors.

I ended up doing it for DS in his third year. I wasn't happy about it and did query this with the agency. My friend is a solicitor and when she was required to be a guarantor she insisted upon the letting agent changing the contract so that she was not responsible for the other tenants.

pumpkinpie01 · 18/02/2020 14:06

@drivingtofrance did everyone pay with no problems all year ?

Original poster
Runnerduck34 · 18/02/2020 14:08

Thanks for the advice, yes this is for moving into private rented accommodation for second year at uni.
Will ask her to speak to student union for advice. I don't want to rock the boat too much as shes had a wobbly start to her first year and was panicking about finding flatmates and accommodation for her second year so don't want to add to her worry and stress.
But equally want to make sure if one of her flat mates doesn't pay their rent then their guarantor gets chased for it not me!
Also would like to ensure that I am only liable for a fifth of any bill to repair damage to property.
Think I'm also feeling a bit nervous because I haven't met the people shes sharing with and shes only known them a few months, which I'm sure is very common, but feels like an added risk so I need to understand what I'm signing up for.

OP posts:
Original poster
Runnerduck34 · 18/02/2020 14:19

If joint and severally means that the landlord would be able to claim against any of the guarantors, does anyone know what the correct wording or term would be for the agreement only to guarantor your DC's rent and percentage of any damage?

OP posts:
pumpkinpie01 · 18/02/2020 14:20

I was told that if one of them doesn't pay their rent then the first person they will go after is their guarantor rather than just all the other guarantors straight away. I know what you mean it is nerve wracking I signed my DS's for year 2 and 3 with no come back. I would go direct to the letting agents if I were you, as you are a guarantor they will answer your queries, thats what I did.

drivingtofrance · 18/02/2020 14:21

pumpkinpie. Yes all was fine. He was sharing with just 3 other male students. All very studious and sensible types.

Once he had the deposit back I did breathe easier though knowing that was now ended.

pumpkinpie01 · 18/02/2020 14:31

@drivingtofrance thats's good then!

prh47bridge · 18/02/2020 15:49

It is normal (but not universal - some landlords behave differently) for all students sharing accommodation to be jointly liable for the rent and for any damage to the property. That means if any of them doesn't pay, the landlord can go after one or more of the others for the missing rent. If there is damage to the property, the landlord doesn't have to figure out who caused it. They can go after any of the students for compensation. Similarly, the landlord can go after any guarantor if any of the students fail to pay the rent or there is damage to the property.

If you try to limit your liability the landlord may well decide to give your daughter's place to another student. There is generally plenty of demand.

Original poster
Runnerduck34 · 18/02/2020 16:14

I've emailed agent to ask a few questions.
The agreement is full of legal terms and wording that are hard to understand
I am happy to act as a guarantor for my daughter but baulk at being possibly liable for her flatmates who I haven't met, and don't think thats unreasonable.
TBH the landlord is charging students double the amount of rent that he would get he was letting the house to a family. So I dont really feel a lot of sympathy for any risk the landlords is taking, I think that calculated into the rent charged!

OP posts:
prh47bridge · 18/02/2020 19:18

baulk at being possibly liable for her flatmates who I haven't met, and don't think thats unreasonable

I wouldn't disagree but the landlord may have a different view. If you are going to stick to this you may have to look for alternative accommodation for your daughter.

ChrissieKeller61 · 19/02/2020 12:12

This is why I’m trying desperately to buy my DD a property for September or worst case scenario I’ll rent privately for her

Crawley65 · 19/02/2020 12:17

This is why I paid six months rent upfront instead of being a guarantor. I will continue to do this until he graduates.

Isleepinahedgefund · 19/02/2020 19:38

Joint and several liability means that you are all liable for 100% of the rent, regardless of how you split it in your mind. There is no your share, their share in a joint and several agreement - in the event of non payment the landlord can recover all the rent from any one person named on the tenancy as either tenant or guarantor.

In order for you to guarantee just your daughter's rent you will need a tenancy agreement just for her share of the rent - unlikely they will do that.

ssd · 19/02/2020 19:44

What about contents insurance, do they need that?

SpeckledyHen · 19/02/2020 19:57

My niece’s next tenancy is like this . When my sister queried it she was told that they would look to the wealthiest guarantor to cough up if one of them defaulted !

user1487194234 · 19/02/2020 20:10

We negotiated 6 months rent up front
For the next year we hope to buy a property
As previous posters have said joint and several means ll can come after you for whole rent (and damage to property?check lease)
You would then have a claim against the others

NoPinkPlease · 19/02/2020 20:14

This is exactly the terms I had to sign up for. I clarified it with the letting agency and they said they never do it but that's what it means. Not remotely reassuring. A lawyer friend suggested it could be an unfair contract term but I've never had to test that fortunately... hate the guarantor scheme. What pressure to put parents under as landlords make a fortune.

ChrissieKeller61 · 19/02/2020 20:20

If it’s any consolation I’ve been on the other side of this and land lords never win if it gets to the tenancy board. My ex tenant did thousands of pounds of damage broke every window and door lock in the house and I didn’t get a penny awarded

RedHelenB · 21/02/2020 20:15

For both my dds (Newcastle and Liverpool) I've only had to guarantee their share of the rent.

GoatyGoatyMingeMinge · 27/02/2020 22:22

We'd need to read the whole agreement, or at least know how "Guarantor" is defined in the definitions clause (usually clause 1). It is "the Guarantor" who is jointly and severally liable. That could just be you.

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