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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son who is not a student but a freelancer with his partner

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My son who is not a student but a freelancer with his partner have found a flat share on the edge of London. The landlord insists on guarantors. No problem as I have gaurantored for my son previously and never a hitch.
This time though I find the conditions the landlord is asking me to ascribe to are not acceptable and I have approached him over the issues I have. He tells me he is being guided by the National Landlords association?
I was sent a roughly 'cobbled' note by e.mail which I downloaded and signed saying I would be guarantor for my son.
Next came a request for a household bill and sent my annual rates bill to prove our address.
Then I discovered guarantor in this case meant there are four of us- thus far i am the one who is having difficulty, but we are individually and collectively gauranteeing the four occupants of the flat. I told him I don't even know the other two flatmates but this doesn't cut any ice. I also find it difficult to comprehend how the system works?
Finally he demanded a copy of my land registry document which i don't have as it is in a safe in nottingham and costs me money to retrieve it. However, and I did question why he needed it but got no joy in this respect, but I did ask the company looking aftre my docs if they would send me a copy of the top part of the land registry document they hold and this they did free of charge but I won't be able to retrieve it without incurru=ing charges. I then sent on the copy to the landlord who then snet back a rather snotty undated letter telling me I had not dated my signing letter and my wife needs to sign it also.
He now wants to see every copy of the land registry document
I have had no details of the letting whatsoever except that it is a short hold lease.
I honestly think this is a most unprofessional 'carry on' I have ever known. He also seems to be annoyed when I ask questions/
Can you tell me in plain English what i can expect from him as a landlord and whether he can in fact impose the colective guarantee and can he legally request I send him full details of the Lnad registry document. I believe I have gone far enough with this but I wanted my son and his partner like her father to be able to get a foothold in the 'city'
many thanks
Dave
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Did he ask you initially to guarantee one or all 4 tenants please?
Customer: replied 2 years ago.
Morning Alex
The first point of contact was a request from my son and they sent onto me a ...what looked like a 'cobbeled letter' stating I will be guarantor for the new assured short hold leae flat at ........ etc. with a rent of £1174 monthly plus council tax for the duration of the lease?
Expert:  Ash replied 2 years ago.
Have the tenants and Landlord signed the agreement yet please?
Customer: replied 2 years ago.
When you say tenants Alex I assume you mean my son and his partner as the other two tenants are already in situ and have been for two years apparently with no problems. They are going to sign by the 6th October the date of moving in.
Expert:  Ash replied 2 years ago.
Ok. Have they signed anything yet?
Customer: replied 2 years ago.
Not as far as I am aware? I haven't been in contact since? The last date I had for siging was the 6th October?
Expert:  Ash replied 2 years ago.
Ok. Its a matter between you and the Landlord whether you act as guarantor to one or all of them. But for clarity I should say that each tenant will be joint and severally liable for the actions of all the other tenants.
However I dont think its unreasonable to ask for proof of address. But it IS unreasonable to ask for a copy of your deeds. These are public documents and the Landlord can go onto the Land Registry website to download them for himself for a small fee.
Its really not usual to ask for these documents, proof of address yes, but nothing else.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you Alex
Like you proof of adderss is quite normal. From your answer you have said it is a matter of tenants being joint and severally liable for the actions of all other tenants
could you explain that please? If it is what I believe it is then I have little choice but to accept his terms of having joint and individual guarantor arrangements?
I have copied one of my replies from some intense questioning I held with the landlord- this was after he told me firstly contact the tenants and then told me to contact a lawyer.
His reply is below: It is in response to my belief that he would be sending me documents realting to the terms of conditions and the details of the leasehold? I did actually send him a copy of the Title Land registry document but he now tells me this is unacceptable and wants the full copy.Apologies I had not responded to all your questions.In terms of the land registry documents, I simply require a copy of your title register, which confirms you are a home owner.In the alternative, I would be satisfied with a current mortgage statement. Which you send me is up to youIn terms of the lease, I was under the impression wrongly that guarantors might need to sign the lease, but this is not the case with national landlords association leases. The guarantor letter needs to be left unchanged and signed please.
Expert:  Ash replied 2 years ago.
That means if one tenant defaults then they ALL are liable for the debt. I would also ask that other tenants have their own guarantors as well - why should only you be guarantor for all of them?
He is not entitled to a full copy of the Land Registry - he can get it from: https://eservices.landregistry.gov.uk/wps/portal/Property_Search
Does that help?
Alex
Customer: replied 2 years ago.
Yes this is wonderful thank you. There are four guarantors that is somethign that has been clarified and as such I then cannot understand why we simply cannot be guarantor for one person only? However I will not contest that point anymore. I did however try to alter the acceptance letter which my wife has got to sign yet and i added information regarding the three other gaurantors. I simply said........ I and the other three guarantors......so on so forth etc.
You have confirmed to me that I do not need to incur charges form my place of safe keeping in Nottingham in order to fulfill his desire to have copies of my land regisrty. He can obviously download a copy for himself if he desires and I cannot object nor would I but he will have to do it as I am going to refuse point blank to send any more documents.
Expert:  Ash replied 2 years ago.
Indeed. I would do so too refuse.
Can I clarify anything else for you?
Alex
Customer: replied 2 years ago.
One final question on this matter Alex if you don't mind? I did try to add a short line in the middle of the rather amateurish letter he sent me making reference to the fact that I am one of four guarantors. he told me to take it out and leave the letter as it is. My wife has yet to sign this- something he did not mention before I sent it off to him
the whole experience has been one of 'what surprises are there going to be today' in regards ***** ***** matter.
Can he in fact stop me from adding reference to the other four guarantors?
Expert:  Ash replied 2 years ago.
No he can't.
Does that help?
Alex
Customer: replied 2 years ago.
Many thanks for this
I seem to have more rights than I realised
Once again my sincere thanks I am highly satisfied
Ultimately I was always willing to act as guarantor for my son which this is the thrid time but was taken aback by the lack of information and the rather off handed way in which I was just expected to conform.
I am also going to change the letter back to my original prior to his telling me I cannot alter it.
Once again my thanks
Dave
Expert:  Ash replied 2 years ago.
Happy to help.
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