Renting A Home - A Guide for Tenants

Guarantor

A guarantor is someone who is prepared to undertake responsibility for the full amount of the rent should the tenant be unable to do so at any time during the tenancy and also for any breach of the tenancy terms. The guarantor will be required to co-sign the tenancy agreement and allow references to be taken on them.

It is important to note that where the tenants are “sharers” who have joint and several responsibility under the terms of the tenancy agreement (see below), the guarantor cannot restrict his responsibility to a share of the rent, he/she is effectively required to undertake to stand for all of the tenants and the full rental figure. Therefore in the case of sharers one guarantor will suffice.

Should you have any queries regarding this please do not hesitate to ask us.

Sharers

Individuals renting a property together (“sharers”) are all required to be named on the tenancy agreement as tenants. Under the terms of the tenancy agreement sharers have “joint and several” liability which gives them all equal responsibility for adhering to the terms and conditions of the tenancy agreement and makes each and every one of them responsible for the full amount of the rent. This means that should one tenant default in their rental payment, the other tenants are liable and responsible for the outstanding balance.

Equally, in the case of damage to the property, if damage is caused by one tenant, the other tenants are deemed equally responsible when deductions are made from the security deposit (see later). Any disputes between sharing tenants relating to the security deposit are the sole responsibility of the tenants to resolve and the landlord or his agent cannot act as mediators in such disputes.

The joint and several liability also applies to the termination of a tenancy, one sharer wishing to end a tenancy (provided there is provision to do so within the terms of the tenancy agreement) is deemed to be doing so on behalf of all the tenants.

The Tenancy

Generally properties are rented for periods of one year, but the tenancy can be for any term agreed. Most tenancies will contain a release clause effective after the completion of six months and if required an option to renew for a further term can be included, however, this is subject to negotiation.

Once the tenancy has commenced you have security of tenure for the fixed period, provided you are not in breach of the terms of the tenancy agreement. At the expiry of a fixed term tenancy the landlord can take possession of his property (in the case of an Assured Shorthold Tenancy two months notice must first be served) unless it is agreed to renew or extend the tenancy.

The Tenancy Agreement

It is extremely important that you read your tenancy agreement, and should you have any questions relating to it, that you ask for clarification or seek independent advice prior to signing it.

The tenancy agreement must be signed by all parties, at the same time, prior to occupation. It must also be signed by any guarantor (see above).