deed of guarantee limited
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."
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