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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9907
Experience:  Solicitor
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I have acted as guarantor for my son in a rented property.

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I have acted as guarantor for my son in a rented property. The guarantee was signed at my home, not at the the agents premises, is this covered by distance selling regulations because I now find myself in the unfortunate supituation of needing to withdraw my support for my son. I would like to know if I’m covered by the cooling off period (14 days);

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Just to be clear, this was a rental agreement you signed as guarantor?

Customer: replied 8 months ago.
I signed at my home, not at the agents pr3mises. I’m not sure what’s happening as someone replied to me sending me back to the payment page but i have already paid ?.

It is bad news I am afraid. You do not get a 14 day cooling off period.

Rental agreements and specifically excluded under the distance selling regulations.

You can only withdraw if the agreement has not been signed by the Tenant and the Landlord.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 8 months ago.
I read an article on the website of Guildhall Residential Lettings where this topic is specifically detailed for their landlords. It refers to changes in the law 13/6/2014 and there is a section on guarantor cool-off periods. I’m not a lawyer, and I’m sure the regulations will be pages and pages of legal jargon that I won’t understand but there account was very comprehensive. Which has made me raise the question to you.

Sadly not. They are referring to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came in in 2014.

These specially exclude rental properties. Section 28 says:

6.—(1) These Regulations do not apply to a contract, to the extent that it is—

(c) for the creation of immovable property or of rights in immovable property;

(d) for rental of accommodation for residential purposes;

Does that clarify?

Customer: replied 8 months ago.
The other thing to note is that the tenancy agreement and the guarantor documents were done with an agent, not directly with the landlord, the landlord is also the agents client

Yes, it does not make a difference.

Section 6 above excludes cooling off for rental.

Does that clarify?

Customer: replied 8 months ago.
Well it would seem to but why would they publish all this on their website if it is incorrect?
Customer: replied 8 months ago.
it would seem then that I have no rights in which to cancel?
Customer: replied 8 months ago.
Hello? Are you still there?
Customer: replied 8 months ago.
Am I able to request the agent not to renew the 6 month contract for my son? At least that way I can ensure I can limit my liability?

Please bear in mind that I am in/out of Court.

You do not have a right to cancel.

As for not to renew, sadly you are bound until released from the contract.

The guarantee is valid until the tenant moves out.

I am so sorry, but unless it already limits the liability, you are liable until released or he moves out.

Does that clarify?

Customer: replied 8 months ago.
Oh my god ��
Thank you for clarifying. This all seems very unfair, that I have no control at all! I can’t believe this!

I agree, but sadly that is why you should read it and be happy before you are bound.

Does that clarify?

Customer: replied 8 months ago.
Thank you

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

Customer: replied 8 months ago.
Please may I ask one more thing? If for example the agent has to ask me every month of the 6 month contract to pay the rent due to non payment, would they still renew the tenancy with my son at tha5 point given he would not actually have paid any rent at all ?

They can, yes. It is a decision of the tenant.

I would wait until the end of the 6 months. If he is in arrears, they will serve notice to leave.

If that is the case, then the tenancy will end and you can pay whatever the arrears are, once he has left.

But if he keeps up to date, yes, they can renew.

Does that clarify?

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Customer: replied 8 months ago.
Phew, that’s great, thank you so much. I was nearly in tears a minute a go. We’ve had a major fall out because my husband and I are guardians of his son and I’ve received vile texts from him today. My husband just light heartedly said, well he has no need to pay the rent now, he can just leave it and we’ll have to pay ! You have put my mind at rest for now, and hopefully at least I know what my potential liability could be in the worst case . At least I will sleep tonight !