Pre-tenancy determination

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I am contemplating taking a tenant who is currently on incapacity benefit. I agreed for a pre-tenancy determination to be made by the local authority on the one bed, s.c. flat. They have now fixed a rent, equivalent to a single room rent - she is under 25 - at 216 per calendar month.

On their report to me the local reference rent is given as 368 per calendar month. (I advertised the flat in the paper at 390 pcm).

I am currently referencing a relative of the prospective tenant as a potential guarantor, who would also make good the shortfall in rent, in the event of her illness becoming long term.

My question is:

If the potential guarantor signs up to cover the shortfall, could

(s)he refuse to pay the shortfall at a future date, citing the council ruling as the maximum (s)he was prepared to pay and:

if I incorporate the guarantor's details on the ast agreement, would the legality of this be compromised, by the Rent Service's ruling and would this stand up in court, if I had to sue the guarantor in the event of the top-up not being paid?

04/03/2007 00:00

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