The guarantor agreement will define the terms and conditions of your responsibility in the event that the person you are signing on behalf of fails to uphold their obligations within the original tenancy agreement.
The obligations within a rent guarantor agreement cover paying the rent on time and not causing any damage to the property. In the event that they fail in their obligation, it is then the responsibility of the guarantor to step in and make good.
There is no pre-defined format to a rent guarantor agreement, neither are any of its contents mandated by law. Basically, the agreements could be one page or several, however there cannot be anything contained in there which affects your statutory rights with no unfair terms, in that it must be fair to all concerned. It cannot be biased towards the landlord or the letting agent.
Most guarantor tenancy agreements consist of a single page which may be separate to, or combined with the actual tenancy agreement to which it applies.
Before you sign the Guarantor agreement you should make sure that you receive a copy of the tenancy agreement that your friend is taking out so you can see exactly what obligations they have as the tenant because you will be guaranteeing all those obligations.
Make absolutely sure you read the guarantor agreement fully and make sure that you have a clear understanding of what both these documents say and what you are guaranteeing. You should know details such as , how much is the rent, how long is the rental agreement for, what if any, are your responsibilities after the tenancy ends (deposit, damage, benefit claims etc.), are there other tenants on the rental agreement other than the person you seek to guarantee and are you putting up any additional security such as your own home .
Ensure that you are comfortable with the whole set up of both the tenancy and the Guarantee. If in doubt, don’t sign and get legal advice.
Here’s an example of the content of such and guarantor agreement, but as we said there is no defined mandatory content, so it must be taken in context with what you will have to sign.
Sample Guarantor Agreement
THIS AGREEMENT is made BETWEEN the Guarantor and the Landlord.
Guarantor: Full Name … Whos address is XXXXXXXXXXXXXXXXXXXXXXXXXXX
Landlord: Landlord Name Whos address is landlord’s address or Landlord Agents Address.
Guaranteed Person: The Tenants Full name as per the tenancy agreement.
Property: The dwellinghouse at address XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Proposed Tenancy Commencement Date: DD / MMM / YYYY
I. All references to the Landlord herein shall be deemed to include the Landlord's Agent or any authorised person acting on behalf of the Landlord's.
II. The Guaranteed Person will be a Tenant at the Property.
III. In consideration of this, the Guarantor agrees to act for the Tenant should the tenant fail, for any reason, to meet the their obligations including, but not only, any financial commitments arising from a tenancy agreement entered into in respect of the Property.
IV. The Guarantor undertakes to pay to the Landlord promptly upon request as maybe given by the landlord or agent any outstanding rent, if the Tenant following demand has not paid the amount being demanded when it was due under the Tenancy Agreement in accordance with the terms of the tenancy agreement.
V. The Guarantor also agrees to pay and make good to the Landlord upon demand all reasonable losses or expenses incurred by the landlord as a result of default by the Tenant in the performance or observance of the Tenant's covenants or obligations under the Tenancy Agreement.
VI. The landlord is not obligated to demand rent from the tenant when do and any failure of the Landlord in demanding or collecting the Rent when it falls due, and any additional time given to pay the rent to the Tenant by the Landlord shall not release the Guarantor from his obligations under this agreement or in any way affect the liability of the Guarantor under this agreement.
VII. Where the Rent, or any portion of it, is paid by housing benefit or other benefit scheme, the Guarantor agrees to pay the Landlord or Agent for the amount of any claims arising from overpayment, which may be made by the local authority in relation to the specified Tenant either during the tenancy or for a period of upto six years thereafter.
VIII. The Tenant shall be jointly and severally liable for the obligations contained within the tenancy agreement (i.e. where there is more than one tenant, all agreements and obligations can be enforced against all of the tenants jointly and against each separately). For the avoidance of doubt, the Guarantor's liability is NOT restricted to the Guaranteed Person, but extends to all the Tenants on the tenancy agreement..
IX. This guarantor agreement will remain in force until either the Tenant has vacated the Property and all contracts relating to the Tenant and the Property have expired.
X. In the event of the death of the Guarantor during the currency of this agreement, the Guarantor’s estate will be liable as surety and co-principal debtor.
XI. I have read and understand the contents of a copy of the Assured Shorthold Tenancy agreement, relating to the Property and due to commence on the Proposed Tenancy Commencement Date.
XII. The Proposed Tenancy Commencement Date maybe subject to change and any reasonable change to the start date will not nullify this Agreement.
XIII. It is agreed that there shall be no right to cancel this Agreement once the tenancy has commenced.
SIGNED by GUARANTOR: DATE: __________________
SIGNED by WITNESS: DATE: __________________
Address: _______________________ _______________________
Witness Signature: _______________________
SIGNED by the Landlord / Agent : _______________________