The Review Autumn 2013 | Page 10

Acting as a guarantor If you have a child at university, you are probably familiar with the concept of acting as your child’s guarantor. Landlords are normally keen to have a guarantor on a student letting to avoid a situation whereby the rent is not paid and they have little prospect of recovery against a student who is unlikely to have substantial income or assets. But did you realise that you could be signing up to being more than just your child’s guarantor? Did you really intend to guarantee the rent and the potential damage caused by one of your child’s housemates? It is important before signing a guarantor agreement that you are fully aware of your obligations as a guarantor. The starting place is to look at the tenancy agreement itself – does the agreement relate to P9 the whole of the property or just a single bedroom and shared use of the communal areas? If the agreement is for the former, you could effectively be agreeing to guarantee all of your child’s housemates (even if they themselves have a guarantor). You may think, what is the worst that could happen? In a tenancy agreement which covers the whole of the property you will normally be guaranteeing the payment of the rent, any damage to the property and any damage caused as a result of not complying with the tenant’s obligations under the lease. In short, if matters cannot be resolved with the landlord, legal proceedings could be initiated against you personally as a guarantor for the loss suffered by the landlord as a result of any of the tenants.