A landlord posted in our Forum recently asking for the advice from our other landlords on our Forum about whether they should let a property out to a group of students, one of whom does not have a guarantor.
The student in question has retired parents, but they do not want to stand as guarantors. The landlord wanted to know what their legal position would be, if this potential tenant defaulted on rental payments.
The student wants to pay in four installments over a twelve month period. They wanted to know what to do next.
What users of our Forum said
Our user began by saying that if the tenancy agreement was just for that student, then without any guarantor then they themselves must have to be pursued for any arrears directly.
Another landlord suggested that it might be wise in this case for the landlord to not go ahead with renting to this student, and it would be instead advisable to find another student who does have a guarantor.
The response from our Landlord Advice Team
An advisor in our advice team then joined the conversation. They began by saying that should the landlord wish to take rent in advance from the prospective tenant this is acceptable, as long as it is documented in the addendum to tenancy.
If the tenant has failed credit checks and is unable to provide a guarantor, then it is at the landlords own discretion to then provide a tenancy agreement.
Should the landlord continue with the tenancy and the tenant starts to default on their rental payments, once the tenant falls into two months arreas or more the landlord can look at serving a Section 8 notice on grounds 8, 10 and 11 for the arrears. Fourteen days notice must also then be provided, and then the landlord could also apply to the courts using the form N5 and N119.