Student tenancy question

[Justanother123]

I’m hoping someone can help?

My daughter has signed a tenancy agreement for a student flat with another tenant for next year. It states that a guarantor is needed. I hadn’t got round to signing the guarantor form as yet.
The other tenant has now decided to go travelling next year. She also signed the agreement (they’ve both signed for the whole flat) and she does have a guarantor who has also signed the guarantor form.

If they can both find replacement tenants there is no problem.

My question is, if they can’t find replacement tenants and the tenancy agreement says they need guarantors, is my daughter liable for the rent. Morally I know she is but I’m wondering if we have any come back against the letting agents for enforcing an agreement which goes against its own terms.

What do you mean by "going against its own terms"?

Your daughter signed the Tenancy, but as a guarantor was required, legally speaking, your daughter is responsible for diddly squat. It's the guarantor they go after.

Presumably a condition of the tenancy is that a a guarantor MUST be provided, so in that respect, technically, your daughter hasn't fulfilled the terms of the contract.

I would have thought the EA would advise the LL that the proposed tenants aren't suitable as they cannot pass checks, namely the provision of the guarantor.

Has your daughter spoken with the EA?

Sorry, I mean that they say that she has to have a guarantor and that she can’t live there without and in the next breath they are telling me that she’s liable for the rent because she signed the agreement. I’m so confused 😂

Not a lawyer. Seems to me that if the condition about the guarantors, is a condition stated in the actual tenancy agreement, then there is no effective contract because all of the conditions for said contract, have not been met.

Therefore there is no binding contract in existence. So your daughter is not liable for any rent whatsoever.

Where is this term regarding guarantors, can you state this, and, what is the precise wording.

This is the section in the tenancy agreement about the guarantor. I’ve had repeated docusign requests but I haven’t done anything with them.

Hi that section only refers to the guarantors (G) legal responsibilities, as G

It does not expressly say that the tenancy can only take effect if there is a guarantor.

Interestingly it tries to tie a G into any new tenancy agreement, at a later date, should that occur which i do not believe they can do.

Also i don't think they could prevent a G from revoking their responsibilities as a G after the end of the existing tenancy, if say it went on to a month to month.

So the significance to you is that this section is not legally correct anyway.

Do you have correspondence, text e mail or another part of the tenancy agreement where it states they will only accept your DD as a tenant, if she has a G. That will be the deciding factor. Copy me what you have if you like.

I only have emails where they say if I won’t be a guarantor she’ll have to find somebody else. There is no one else who would do it.

They wont speak to me about it at all, they will only speak to my daughter but when she calls she just gets stuck in a loop of ‘you need a guarantor’ and it doesn’t get resolved.

They are even trying to offer a 3rd party guarantor. Which I assume is someone you pay to take on the risk of the tenancy 🤷‍♀️

Usually the tenancy doesn’t come into force until all parties (including guarantors) have signed.

some universities or student unions have an accommodation dept who can with these matters. Can she ask for help there.

@Justanother123

wherever they said she must have a G means it was a condition of the tenure which means she has no liability because the tenancy never took effect.

@Justanother123 PS if you need to be her G again, to protect yourself either have a joint account with her where all her loans and grants go in and you can keep an eye on things. Or slightly more risky have her set. Up a direct debit to your account and you pay the rent.