we rented a flat for my daughter in Scotland so she could be close to Uni last June. She shared with a flatmate and initially the contract was for 8 months then month on month and I was her guarantor. She now has a new flatmate and when I was on holiday last week she was asked to sign a new lease for the new joint tenant but this was for 6 months. the agents never informed me I would be guarantor now for a 6 month lease, Then, 5 days after signing, my daughter was accepted quite unexpectedly for another University 60 miles from the flat. She didn’t expect to get in but did. In addition, her new flatmate now tells us she can’t afford the rent anyway! so there are 2 issues. My daughter shouldn’t have signed the lease without speaking to me but was under pressure from the agent in order to get the new flatmate on the lease, they insisted she sign a new contract. But surely the agent should have told me in writing that the terms of the lease were changing from month on month to 6 months as guarantor? AND as it transpires, my daughter will be going to Uni miles away and her flatmate can’t afford half the rent anyway. The agent says tough. I have asked that they speak to the landlord and asked that we be released not only because the girls really didn’t know what they were signing, but also because soon after circumstances have changed unexpectedly for my daughter and her flatmate AND they have put me down as guarantor on a new 6 month contract when I had honestly believed that the new flatmate was being added to the existing lease, I have had contact with the office over the last couple of months and nothing was said about a new 6 month contract. Help? we need out of the contract for all reasons, what do we do? I can’t afford to pay 6 months rent for 2 properties
I have told them I will pay my daughters portion until the end September but her flatmate can’t or won’t pay. But shouldn’t they have told me as I have a financial interest, that the lease eas changing from month on month to a 6 month lease. Surely the gurantor has a right to say if they are happy with commiting themselves?
I didn’t sign anything. I did not agree to be guarantor other than month to month and my daughter was not told she could not get out of the lease
Originally posted 2010-07-14 14:09:35. Republished by Old Post Promoter
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#1 by sassy25 at July 16th, 2010
Talk to the letting agent about finding new tenants. You may just have to pay one month till someone else moves in. If your daughter is over 18 then the lease is legal.
#2 by Datasage at July 19th, 2010
Never cosign anything you don’t completely understand and can’t afford to pay.
Negotiate with them. Negotiate with them. Negotiate with them.
If you choose to fight this it will be done in Scotland under Scottish law.
If you just walk away, they will get a judgment. And they will contact someone to enforce the judgment. I should know, I am the founder of JUDGMENTcare.com we enforce judgments for creditors everyday.
#3 by Lion Jinn at July 22nd, 2010
they cant put you down as a guarantor. Your previous agreement should be limited to the previous tenancy. you have a case if the names have changed also. Id agree with the other person who said speak to the agents and see what you can work out but id stick to my guns and say the guarantor agreement was for the previous tenancy.
also you might want to check out for your daughter
#4 by derbyandrew at July 23rd, 2010
It is a new tenancy. You were a guarantor for the old one, so have no financial interest in this one – therefore have no liability and they need reminding of this. There is no ‘cooling off’ period with a tenancy agreement so you could have a battle. By-pass the agent and talk direct to the landlord with the facts – he will I am sure want a compromise rather than a battle and all the hassle that will follow. Tell him your daughter was misled by the agent and joint tennant, cant afford the rent and will be moving away anyway. Offer him a take it or leave it compromise and I am sure he will play ball. The agent is being stubborn as they are in it for the money as usual.
#5 by alta at July 23rd, 2010
Scottish Housing Law, is different to English Housing Law, so I would be very careful before taking any of the answers as correct.
In England, you have to sign as a guarantor, even if it is a new agreement with same terms, so I would defiantly question that, as a guarantor you would only be liable for the rent until her initial contract came to an end, so at the end of her 8 mth term, or when she gave a months notice to the landlord.
You need to speak to the Scottish equivalent of the Citizens Advice Bureau or Shelter Scotland ASAP.