deed of guarantee limited

You are here : Member Forums Tenancy Types and Management deed of guarantee limited
This topic has been locked as no posts have been made within the last 90 days.
43 Posts
1 Thanks
I got the following e mail response from a parent of a student taking one of my houses next year. He seems to raise a few valid points to be fair, has this guarantee been challanged legally and how do you suggest I respond?


I understand that my son (Robert) and 7 others are interested in renting a house from you for

the next academic year. Robert has given me a document entitled Deed of Guarantee (Limited)

and asked me to check it and then (if OK) sign it.

I have no problem with acting as a guarantor for Robert to cover…

1. Any rent that he should owe but not pay

2. Any damage which he should cause but not pay for

… during the period in which he is a tenant.

However, I have read this document and have problems with this, and am not willing to

agree to and sign this as it stands and without qualification and clarification.

I am not a solicitor … but I doubt whether any solicitor would ever recommend

agreeing to and signing this document.

There are a number of problems with it….

The first problem is the language/style in which it is written – a legalese style which makes

it difficult to understand easily. I understand that this is necessary up to a point, but it could

be made a lot easier to understand.

The second problem – and this is the major problem – is the content itself, the terms

and conditions. There have to be limits to limits to (a) what Robert can be held liable for, and

(b) the guarantee and liability that I provide, and there should be a clearly defined list

of what we can and cannot be held liable for, and to what extent. However, the document

does not acknowledge these points or clarify these matters … in fact, it appears to

the very opposite by stating that the guarantee and liability are unlimited.

As a consequence, the document suggests or implies that I could be held liable for

just about anything and everything, with no limit whatsoever to this liability or costs.

For instance … what happens if the house should suffer major for damage … will I

be expected to pay major rebuilding costs ? Can Robert be held liable for any costs

(other than anything he might already owe) AFTER he has terminated his tenancy and left ?

Third, there are some other questions that needs answering, ie

1. What notice do the students have to give in order to leave the property ? (1 month ?

2 months ? more ?)

2. Who is responsible for building and contents insurance ? You ? The students ?

I have asked Robert to speak to the other students and see what their parents/guardians

make of this document, and also take it along to the student accommodation office and

see what they have to say about it."

This member has been thanked by 1 member for this post.
06/02/2008 00:00

Want to read more?

This is a members only forum, if you want to read more you need to login to your membership, if you are not a member, click here to join.

This topic has been locked as no posts have been made within the last 90 days.
Ideal Flatmate
Elfin Kitchens
Landlord Broadband
John Pye Auctions

Share this page