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| You can complete your Tenancy Application ON LINE . Just CLICK HERE and follow the instructions. Call 07775 804908 if you have any problems. Tenant Application Form is required to be completed by all tenants as it includes information that is needed to take up references and guarantees and then prepare the tenancy agreement. You can view or print copies of standard forms that we use in setting up our tenancies. (these are in Microsoft - Word) Letter of Guarantee will be sent to each tenants Guarantor for them to sign and return, undertaking to pay any missed rent or damage payments. The guarantor safeguards both the landlords and other tenants interests as in a Joint Tenancy the co-tenants are also responsible for a defaulting individual. Having a guarantor for each individual reduces the risk that any of them will have to cover the debts of one in default as we will first approach the defaulters guarantor. This will be sent with a Request for Guarantee to your indicated Guarantor. more details Our Tenancy Agreement is based on a standard document issued by National Landlords Association. The Document here is the template for our agreements. The text that is edited (or deleted if not relevant) is dark blue. If you want to rent one of your houses, you will be emailed a draft agreement once we have all your details. GUARANTORS and JOINT TENANCIES
We have been asked on many occasions "what happens in
the case that one of your friends does not pay their rent?" We
always apply to their guarantor to pay the share of rent which they have agreed.
The guarantor agreement only binds the guarantor to cover the liabilities of
the one person for whom it is signed. It does however indicate that the
tenancy is a Joint Tenancy and that is the issue.
A joint and and several tenancy agreement means that
all of you together are agreeing to rent as a single entity, (the
agreement refers to you all collectively as "the Tenant" ). When you
enter into the agreement, as well as agreeing with us to rent the house, all of you will be agreeing with each other to be
jointly liable for the rent and any other liabilities for the house.
In practice we ask you to tell us how you have agreed the rent is divided between you and we collect it separately from each of you and so we would know who had not paid their share if there was a shortfall. We do this because it is easier in practice ( as often peoples parents send the rent directly, and like to know we received it). The totally correct way is for you to collect rent together and then pay by a single cheque for the whole amount.
In the situation that one of you does not pay their share
of the rent (and
their guarantor does not either) they have actually broken their agreement
with the rest of you. In this situation we would informally ask the student
tenant concerned and their guarantor if necessary. If that does not resolve
the issue, then formally, we have to ask all of you jointly to pay the
shortfall and copy your guarantors on the correspondence, alerting them to
a potential liability. Any subsequent legal action would, initially, be against all of
you (tenants) jointly, even if only one person has not paid their share and even if one or more of you are not traceable. A court
would decide who actually had to pay, the guarantor agreement would only come
in to play, legally, if the persons required to pay by the court did not do
so.
The possibility for any of your guarantors having to pay
towards the cost of one of your friends not paying their rent stems
from your liability under the joint tenancy not from the guarantee. Writing
anything limiting liability on the guarantee does not make any difference to
the tenancy agreement in law as the guarantors are not a party to the tenancy
agreement. The
reason we ask for guarantors is that it lessens the chance that any of you
will be asked to pay the debts of one of your group as in virtually all cases
their guarantor would cover their debt. We have not experienced any situation
where anybody has had to cover anybody else's rent share (except their own
guarantor) nor have we ever had to take formal legal action in such a
situation..
The only alternative to this is for each person have a Sole Tenancy
for their room. This is more expensive for you as the setup cost is higher,
separate agreements and deposits to register. The total of the rent for the
rooms will be more than the rent for the whole house because.
Normally the Sole Tenancy approach is only used in a shared professional house where it is necessary because individual tenancies do not all start and end at the same time, It is much cheaper to have a joint agreement and you also have control over who you share with. In the case that someone wants to leave the house all the original tenants of a Joint Tenancy must agree to a replacement. In the case of Sole Tenancies the Landlord has absolute say in who will replace them and when. |
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