Tenant to pay 6 months upfront rent but with guarantor?

Tenant to pay 6 months upfront rent but with guarantor?

10:55 AM, 13th January 2023, About 2 years ago 27

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Hello. I am planning to rent out my property on ATS for the entire 12 months.

The potential tenant, whom I really like, failed the reference check, and the guarantor has agreed to cover only 6 months.

So we are currently looking at the following schedule of payment with this Tenant: 1 month deposit plus 6 months advance rent; afterwards monthly rent payments and to add guarantor.

What do you think about this and how to word it correctly in ATS.

Thanks.

Ann


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C CA

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18:33 PM, 13th January 2023, About 2 years ago

Reply to the comment left by Ann Shaw at 13/01/2023 - 11:44
This appear to be where LL has statutory obligation to do everything and the the prospective tenants has not statutory obligation to provide the information to assess the risks and suitability...

If a prospective tenant fail or refuse to provide the bank statements or and payslip for the period requested then he/she fails in the application.

That is the standard practice to assess credit worthy and LL should not fear to apply the same.

If as result a legal challenge emerge there will be good argument to defend....

Ann, I am not certain that a LL managing his/her own property outside of business requires to be ICO / GDPR complaint...I believe ICO membership is only for letting agents or LL acting under a registered business..... I recently was in both of the above capacities and have had but now terminated my membership.

C CA

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19:08 PM, 13th January 2023, About 2 years ago

Reply to the comment left by Chris H at 13/01/2023 - 18:05
I recently took 3 rent upfront from two young lawyers working for about 6 months after graduation.... this is part of risks management...lawyer would fail to get indemnity insurance which they need to work as solicitor/lawyer so will not want failure in their credit records..in some cases I require guarantor who is registered RESIDENTIAL property owner in in their PERSONAL capacity in UK (NO COMMERCIAL PROPERTY & NO IN BUSINESS) If jointly (say husband & wife) own the residential property then both must be included acting as guarantor for the entire tenancy including the STP...further...we can ask to to consent to register a specific guarantor interest on the property until the end of the tenancy.. it will cost an another £ 100 but is a business expenses. Why should I trust my high valued asset to somebody who refuse to provide documentation or as an attitude of "don't trust LL?

Puzzler

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19:22 PM, 13th January 2023, About 2 years ago

If you hold your tenants personal information you should be registered. At least that seems to be the view of most legal landlord sites.

https://www.propertyinvestmentproject.co.uk/blog/landlords-register-ico/#:~:text=Under%20the%20Data%20Protection%20Act%201998%2C%20all%20organisations,a%20bit%20of%20a%20controversial%20and%20sore%20subject.

C CA

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19:25 PM, 13th January 2023, About 2 years ago

Reply to the comment left by Puzzler at 13/01/2023 - 19:22
I advice you check with ICO office directly to be specific.

Puzzler

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20:33 PM, 13th January 2023, About 2 years ago

Reply to the comment left by C CA at 13/01/2023 - 19:25
Please read the linked articles. I have been on several seminars. All you need is disgruntled tenant making a complaint and you could incur a fine. Landlords are data controllers unless absolutely everything is done by their agent and they have no involvement. I could not find any reference to landlord on the ICO site so please identify it? I'd be happy not to have to register.

From ICO:

Controllers shoulder the highest level of compliance responsibility – you must comply with, and demonstrate compliance with, all the data protection principles as well as the other UK GDPR requirements. You are also responsible for the compliance of your processor(s).

The Information Commissioner’s Office (ICO) and individuals may take action against a controller regarding a breach of its obligations.

Controllers in the UK must pay the data protection fee, unless they are exempt.

Robert Sled

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12:44 PM, 14th January 2023, About 2 years ago

I remember years ago moving in a tenant whose dad said he did not want to be his guarantor. At the time I just ignored what his dad said but it became very clear within a matter of months of him moving in why his dad did not want to to risk stepping in if he didn't pay the rent. Go ahead and guess how it turned out 🤔

Essentially when someone refuses to be a guarantor for someone else close to them it can be a strong indication that they do not consider this person to be likely to repay. They have known the person for a lot longer than you have. They know a lot more about the person than you know. And they are saying this person is not trustworthy enough for them to act as guarantor. For me I would just thank them for their time and tell them to move on.

Rennie

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15:33 PM, 14th January 2023, About 2 years ago

If you take 6 months rent in advance on a tenency that is pay monthly in advance the court would consider that as a deposit and they would get you for charging too much deposit - don't do it!

Asif Humayun

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17:05 PM, 14th January 2023, About 2 years ago

Hi Ann,

My current tenent also failed referencing.

It transpired that she had disability and couldn't pay her car parking tickets.

I took a human ground and now I feel it was not bad decision.

She paid 6 months upfront rent and has been paging rent for the last 6 months.

Just check

why did she fail refrencing?
Is she able to pay rent going forward?
Is she able to move ASAP to save you cost of no tenent in situ?
Does she have enough funds or source of income?

Good luck.

BW

Dave Coppin

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18:02 PM, 14th January 2023, About 2 years ago

Its a shame tenants don't have access to landlords accounts, mortgage information and records with past tenants/repair of property etc.

C CA

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18:48 PM, 14th January 2023, About 2 years ago

Reply to the comment left by Rennie at 14/01/2023 - 15:33
Couldn't you specify in the Tenancy Agreement under "Rent" heading like

"the first 3 months will be paid in advance on or before (10 January 2023,starting date) £ 3,000; to cover 10 January to 9 April 2023; thereafter, rent will be paid monthly by standing order and cleared in the rent account every 9th of the month"....

Deposit should go separate under "Deposit" heading

The Tenant/s will pay " £ 1,200 as security deposit which will be held as Stakeholder "..........

This way if you take rent in advance will be clear the terms of the agreement... any comments????

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