Rent Guarantor Contract Terms & Conditions

 Summary of Guarantee

 

What’s covered Once completed this guarantee will cover the Tenant’s Rental Obligations for 12 months from the commencement of the Tenancy Agreement. This means the rent payable to the Landlord under the Tenant Agreement as outlined in clause 13.3a and malicious damage as outlined in clause 13.3b. 
Who’s guaranteed? This guarantee applies to the Tenant(s) named in the schedule and pertains to the property to which this guarantee applies.
Housing Benefit  In the event the Tenant is in receipt of Housing Benefit (or a Housing Allowance of Universal Credit) the Tenant must arrange for these payments to be made direct from the Local Authority (or Universal Credit) to the Landlord (or its Agent) as outlined in clause 12.1

This is a condition of acceptance of any Tenant in receipt of Housing Benefit.

Landlords are required to notify RentGuarantor should they not receive direct payment or should the arrangement be revoked during the tenancy term as outlined in clause 15.1g

Who can make a claim?  Only the Landlord as outlined in the guarantee (or their Agent) can make a claim on the guarantee.
Referencing Process

Do not proceed to sign this document without satisfying yourself in relation to your referencing policy.

RentGuarantor will not agree to having any reference conducted on RentGuarantor Limited due to:
a) The request for such information being made on forms which require personal information of an individual and not that of a limited company.
b) The potential for many such requests to have an adverse effect on the company's good standing.

However, a company director is available by arrangement to answer any questions that you may have.

Deposit Replacement Schemes  We will not reimburse any deposit replacement scheme on behalf of the tenant should a claim be made by a Landlord on the Tenant’s deposit via these schemes as per clause 13.3

 

Rent Guarantor Agreement
General Terms


The following definitions and rules of interpretation apply in these Conditions.

1. Definitions:

Arrear Notification: the notification by the Landlord to RentGuarantor of the non-payment or late payment of rent by the Tenant

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Claim Request: a request in respect of Rental Obligations made under clause 17.

Commencement Date: has the meaning given in clause 3.

Conditions: these terms and conditions as amended from time to time in accordance with clause 11.5.

Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures: as defined in the Data Protection Legislation.

Deduction: The part of the Claim request to be incurred by the Landlord

Data Protection Legislation: the UK and Gibraltar Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications);

Guarantor Fee: the cost of the service which is charged to the Tenant by RentGuarantor for providing the Service

Landlord: the freehold or leasehold owner of the Property, named in the Schedule as the landlord

Landlord Default: has the meaning set out in clause 15.2.

Malicious Damage: damage arising out of an intentional act

Property: the property described more particularly in the Schedule;

Rent: the sum payable monthly by the Tenant to the Landlord under the Tenancy Agreement, as stated in the Schedule. For the avoidance of doubt, Rent does not include any other costs or expenses associated with the Property, such as utility bills, television licence fees, or council tax.

Rental Obligations: means rent payable to the Landlord under the Tenancy Agreement;

RentGuarantor: means RentGuarantor Limited, a company registered in England and Wales with registration number is 07913370 and registered office at Finsgate, 5-7 Cranwood Street, London, England, EC1V 9EE.

RentGuarantor Agreement: the agreement made between the Tenant and RentGuarantor;

Services: the provision of a guarantee in favour of the Landlord to cover the Rental Obligations of the Tenant under the Tenancy Agreement, subject to the terms of these Conditions.

Tenancy Agreement: the assured shorthold tenancy agreement or private residential tenancy agreement of a term up to 12 months, and made between the Landlord and the Tenant, pursuant to which the Landlord grants the Tenant property rights over the Property.

Tenant(s): the person named the Schedule as the tenant(s);

Term: 12 months from the date of commencement of the Tenancy Agreement or if shorter, until the date of determination of the Tenancy Agreement (howsoever determined).

UK and Gibraltar Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK and Gibraltar including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and the Data Protection Act 2004 of Gibraltar; as amended

Wear & Tear: the expected depreciation that results from a tenant living in a property—not damages as a result of tenant neglect or abuse

2. Interpretation:

2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.3 A reference to writing or written includes fax and email.

3. Basis of Conditions

3.1 These Conditions shall come into existence on the date they are signed by RentGuarantor (Commencement Date).

3.2 Any descriptive matter or advertising issued by RentGuarantor, and any descriptions or illustrations contained in RentGuarantor's catalogues, website or brochures, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of these Conditions or have any contractual force.

3.3 These Conditions apply to the exclusion of any other terms that the Landlord seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.4 The RentGuarantor.com general website terms and conditions apply and are incorporated into these Conditions.

4. These terms

4.1 What these terms cover. These are the terms and conditions on which we will guarantee the Tenant’s Rental Obligations under the Tenancy Agreement. The terms and conditions on the RentGuarantor.com website also apply, and you should read those here: https://www.rentguarantor.com/terms-and-conditions

4.2 Why you should read them. Please read these terms carefully before you sign them. These terms tell you who we are, how we will provide the service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

5. Supply of Services

5.1 RentGuarantor shall supply the Services for the term of 12 months from the Commencement Date.

5.2 RentGuarantor shall use all reasonable endeavours to meet any performance dates specified in these Conditions, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

6. Charges

6.1 There shall be no charge to the Landlord for the provision of the Services. RentGuarantor shall charge the guarantor fee direct to the Tenant.

6.2 The cost of the service is relative to the rental amount we are guaranteeing and will be indicated on the application pages at the time the Tenant completes their application.

6.3 The guarantee will not be binding until payment is made, and this guarantee agreement has been countersigned and returned to both parties by RentGuarantor.

6.4 RentGuarantor provides the Services to the Tenant in consideration for the Landlord granting the Tenancy Agreement to the Tenant, and in consideration for the Landlord accepting this agreement.

7. Data protection

7.1 All parties will comply with all applicable requirements of the Data Protection Legislation. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation. In this clause, Applicable Laws means (for so long as and to the extent that they apply to RentGuarantor) the law of the European Union, the law of any member state of the European Union and/or Domestic UK and Gibraltar Law; and Domestic UK and Gibraltar Law means the Data Protection Legislation from time to time in force in the UK and Gibraltar and any other law that applies in the UK and Gibraltar.

7.2 The parties acknowledge that for the purposes of the Data Protection Legislation, the Landlord and Tenant are both data controllers and RentGuarantor is the data processor.

7.3 Without prejudice to the generality of clause 7.1, RentGuarantor shall, in relation to any personal data processed in connection with the performance by RentGuarantor of its obligations under these Conditions:

(a) ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Landlord, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

(b) ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and

(c) not transfer any personal data outside of the European Economic Area unless the prior written consent of the Landlord has been obtained and the following conditions are fulfilled:

(i) the Landlord or RentGuarantor has provided appropriate safeguards in relation to the transfer;

(ii) the data subject has enforceable rights and effective legal remedies;

(iii) RentGuarantor complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and

(iv) RentGuarantor complies with reasonable instructions notified to it in advance by the Landlord with respect to the processing of the personal data.

8. Termination

8.1 Should you want to end the contract, please let us know by doing one of the following:

(a) Phone: Call customer services on +44 207 193 4418. Please provide your name, home address, details of the guarantee and, where available, your phone number and email address.

(b) Email: Email us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Please provide your name, home address, details of the guarantee and, where available, your phone number and email address.

8.2 Without affecting any other right or remedy available to it, the Landlord party may terminate these Conditions by giving the other party 3 months' written notice.

8.3 RentGuarantor’s rights to end the contract

(a) Without affecting any other right or remedy available to it, RentGuarantor may terminate these Conditions with immediate effect by giving written notice to the Landlord if:

(i) the Tenancy Agreement is terminated prior to the end of its term;

(ii) there is a change of control of the Landlord;

(iii) the Tenancy Agreement is assigned, novated or otherwise transferred to another Landlord;

(iv) the Property is used for any unlawful or criminal activity;

(v) the Property becomes uninhabitable;

(vi) the death of the Tenant

(vii) the Tenant does not take up residency in the property within 90 days of the commencement of the tenancy agreement.

(viii) the Landlord commits a material breach of any term of these Conditions and if such a breach is remediable, fails to remedy that breach within 5 Business Days of being notified in writing to do so.

(ix) The Landlord (or their Agents) commit a fraudulent act. The Landlord (or its Agents) commit an act that is misleading or untrue to claim under the rent guarantee by false misrepresentation;

(x) if any of the information provided to us is untrue or misleading in a material respect when it is made;

8.4 Tenants rights to end the contract

(a) Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days (the “cancellation period”) and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
(b) When you don't have the right to change your mind.

(i) You do not have a right to change your mind once the guarantee has been accepted by the Landlord and the tenancy has commenced, even if the cancellation period is still running.

(c) Should the tenant be eligible for a refund under the Consumer Contracts Regulations 2013 of the price they paid for the service, this will be refunded by the method they used for original payment.
(d) We will make any refunds due as soon as possible once we have confirmed that there is no outstanding liability on this guarantee. If the Tenant is exercising their right to change their mind, then the refund will be made within 14 days of the Tenant telling us they have changed their mind.

9. Consequences of termination

9.1 Termination or expiry of these Conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry in respect of any breach of these Conditions which existed at or before the date of termination or expiry.

9.2 Any Claims Request must be made by the Landlord within 14 days of the termination of these Conditions.

9.3 Any provision of these Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Conditions shall remain in full force and effect.

10. How we may use your personal information

10.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy: https://www.rentguarantor.com/privacy

11. General

11.1 Force majeure. Neither party shall be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control.

11.2 Assignment and other dealings.

(a) RentGuarantor may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Conditions.
(b) The Landlord shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these Conditions without the prior written consent of RentGuarantor.

11.3 Confidentiality.

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.3(b)

(b) Each party may disclose the other party's confidential information:

(i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under these Conditions. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 11.3 ; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under these Conditions.

11.4 Entire agreement.

(a) These Conditions constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into these Conditions it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that it shall have no claim request for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in these Conditions.

(c) Nothing in this clause shall limit or exclude any liability for fraud.

11.5 Variation: Except as set out in these Conditions, no variation of these Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives)

11.6 Waiver: A waiver of any right or remedy under these Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy

11.7 Severance: If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Conditions.

11.8 Notices.

(a) Any notice or other communication given to a party under or in connection with these Conditions shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified on the RentGuarantor website.

(b) Any notice or communication shall be deemed to have been received:

(i) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; and

(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting [or at the time recorded by the delivery service; and

(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

11.9 Third party rights.

(a) Unless it expressly states otherwise, these Conditions does not give rise to any rights under these Conditions (Rights of Third Parties) Act 1999 to enforce any term of these Conditions.

(b) The rights of the parties to rescind or vary these Conditions are not subject to the consent of any other person.

11.10 Governing law: These Conditions, and any dispute or claim request (including non-contractual disputes or claim request) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of the jurisdiction in which the Property is located.

11.11 Jurisdiction: Each party irrevocably agrees that the courts of the jurisdiction in which the Property is located shall have exclusive jurisdiction to settle any dispute or claim request (including non-contractual disputes or claim request) arising out of or in connection with these Conditions or its subject matter or formation.

11.12 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.13 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

11.14 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

11.15 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

11.16 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.17 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

11.18 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the law of the jurisdiction where the Property is located. You or we agree that you or we can bring legal proceedings in respect of the services in the courts of the jurisdiction in which the Property is located.

11.19 How to tell us about problems. If you have any questions or complaints about the service, please contact us. You can telephone our customer service team at +44 207 193 4418 or write to us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Tenant Terms

12. Tenants representations, warranties and obligations

12.1 You represent and warrant that:

(a) You have the right to reside and rent in the UK or Gibraltar, as the case may be, under such jurisdiction’s respective immigration legislation, policies and rules;

(b) Your Tenancy Agreement is an assured shorthold tenancy agreement or short term private residential tenancy agreement, and not a licence agreement;

(c) You are able to pay the Rent and any other payments due under the Tenancy Agreement and you anticipate that this will not change during the Term.

(d) In the event You are in receipt of Housing Benefit (or a Housing Allowance as part of a Universal Credit payment) or become in receipt during this contract, you must arrange for the Housing Benefit payment to be made directly to the Landlord or Estate Agent from the Local Authority or relevant body.

(e) pay the Rent to your Landlord when due and any other sums due to your Landlord under the Tenancy Agreement;

(f) not cause any damage or disrepair and take reasonable steps to prevent any damage or disrepair to the Property other than fair and reasonable wear and tear;

(g) not deliberately withhold payments of Rent or any other sums due under the Tenancy Agreement to your Landlord for any reason;

(h) comply with the provisions of your Tenancy Agreement; and

(i) notify your Landlord and us as soon as possible if you have a change in your circumstances which makes you think you may be unable to pay the Rent when due and the reasons for this.

 12.2 A breach of this clause may lead to:

(a) us terminating these Terms without notifying you; and/or

(b) eviction proceedings being brought against you; and/or

(c) your credit rating and/or ability to rent properties in future being adversely affected.

13. Providing the Service

13.1 Subject to these Terms and your compliance with clause 12, we will guarantee your Rental Obligations for the Term.

13.2 At the end of the Term, if you wish to obtain another guarantee for your new tenancy agreement, you must complete a new application on our website.

13.3 The guarantee we will provide to your Landlord will:

(a) Guarantee your Rental Obligations only. If you are jointly and severally liable with another person(s) under your Tenancy Agreement, the guarantee provided by us is limited to the proportion of Rent you are responsible for which is stated in the schedule.

(b) Guarantee any malicious damage up to £10,000 per property. If you are jointly and severally liable with another person(s) under your Tenancy Agreement, the guarantee provided will cover your portion of the damage liability only.

(c) Not guarantee any other costs associated with the Property, including (without limitation) utility bills, television licences or council taxes.

(d) Not reimburse any deposit replacement scheme for any funds paid on behalf of the Tenant.

13.4 Should the Landlord make a claim and we pay the Landlord any sum in respect of arrears of Rent, you will reimburse that sum to us within 30 days of us demanding reimbursement.

13.5 Should you fail to reimburse us in accordance with clause 13.4 above, interest will accrue on the sums owed at the rate of 3% per annum over the Bank of England base rate from time to time calculated on a daily basis from the due date until payment.

13.6 You hereby unconditionally and irrevocably agree to pay RentGuarantor Limited any losses, costs, claims, liabilities, damages and expenses suffered or incurred by RentGuarantor Limited arising from your failure to comply with the terms of your obligations under the tenancy agreement for which we’ve become a guarantor for.

13.7 This deed will remain in force for the term of the tenancy agreement and or until all outstanding liabilities are discharged in full by the Tenant.

14. Your rights to make changes

14.1 If you wish to make a change to the services you have requested, please contact us. We will let you know if the change is possible.

(a) If the change is possible, we will let you know about any changes to the price of the service, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

(b) If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8.4 - Your rights to end the contract).

14.2 The guarantee is non transferrable to an alternative Tenant or Property.

Landlord Terms

15. The Landlord shall:

(a) ensure that he/she/it manages the collection of Rent, tenancy deposit (if applicable) and rental business in a timely and professional manner;

(b) co-operate with RentGuarantor in all matters relating to the Services;

(c) provide RentGuarantor with such information and materials as RentGuarantor may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects, including but not limited to a copy of the Tenancy Agreement;

(d) comply with all applicable laws, including all relevant property and housing laws;

(e) comply with the provisions of these Conditions, and in particular, those in clauses 7 or 17.

(f) Inform RentGuarantor should the tenant not take up residency in the property (no-show) within 90 days of the commencement of the tenancy agreement

(g) Housing Benefit (or Housing Allowance as part of a Universal Credit award)

(i) Collect the payment of Housing Benefit (or a Housing Allowance as part of a Universal Credit award) direct from the Local Authority or relevant body towards the rental amount as required by RentGuarantor.

(ii) Notify RentGuarantor should the Tenant who is in receipt of Housing Benefit (or a Housing Allowance as part of a Universal Credit award) not arrange for the HB payment to be made directly from the Local Authority or relevant body to the Landlord or Agent at the commencement of the tenancy.

(iii) Notify RentGuarantor should the Tenant who is in receipt of Housing Benefit (or a Housing Allowance as part of a Universal Credit award) stop the HB payment being made directly from the Local Authority or relevant body to the Landlord or Agent during the tenancy term.

 15.2 If RentGuarantor's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Landlord or failure by the Landlord to perform any relevant obligation (Landlord Default):

(a) without limiting or affecting any other right or remedy available to it, RentGuarantor shall have the right to suspend performance of the Services until the Landlord remedies the Landlord Default, and to rely on the Landlord Default to relieve it from the performance of any of its obligations in each case to the extent the Landlord Default prevents or delays RentGuarantor's performance of any of its obligations; RentGuarantor shall not be liable for any costs or losses sustained or incurred by the Landlord arising directly or indirectly from RentGuarantor's failure or delay to perform any of its obligations as set out in this clause 22; and

(b) the Landlord shall reimburse RentGuarantor on written demand for any costs or losses sustained or incurred by RentGuarantor arising directly or indirectly from the Landlord Default.

16. Arrears

16.1 In the event that the Tenant fails to pay Rent within 5 Business Days of it falling due, the Landlord must notify RentGuarantor within 14 Business Days.

16.2 The Landlord must make all reasonable attempts to engage with the Tenant to procure the payment of Rent, and must provide RentGuarantor with copies of any such correspondence.

16.3 In the event that correspondence under clause 16.2 does not lead to the payment of Rent, RentGuarantor on behalf of the Landlord and as its agent, will commence negotiations with the Tenant for the payment of Rent arrears. The Landlord shall not unreasonably withhold consent to the outcome of such negotiations.

17. Claims
17.1 Rent Arrears

(a) Subject to clauses 16.1, 16.2 and 13.3, the Landlord may make a Claim Request if Rent has not been paid after 61 days of it falling due subject to clause 17.1h

(b) A Claim Request must be made in the prescribed form to be provided by RentGuarantor, and it must contain any explanations for the Tenant deliberately withholding Rent.

(c) Any Claim Request will be subject to a Deduction of the equivalent of one months rent

(d) In the event that Rent has not been paid within 61 days of it falling due, the Landlord assigns to RentGuarantor and its Agents any and all permissions, consents, and authorisations required to commence the eviction process of the Tenant from the Property.

(e) RentGuarantor will not assist in or undertake the eviction of the Tenant on any grounds other than the non-payment of Rent.

(f) In the event of a no-show RentGuarantor’s liability on any claim will be capped at 3 months of rent.

(g) RentGuarantor will endeavour to pay a sum equivalent to the Rent due to the Landlord within 21 Business Days of receiving the Claim Request.

(h) The initial arrears of 61 days of rent shall be paid by RentGuarantor to the Landlord upon successful ending of the Tenancy and rent statement provided by the Landlord which will allow RentGuarantor produce a completion statement.

(i) Notwithstanding that the Tenant may be jointly and severally liable under the Tenancy Agreement, RentGuarantor shall only be liable under these Conditions to pay the proportion of liability stated in the RentGuarantor Agreement.

17.2 Malicious Damage

(a) In the event that the property rented has been the subject of Malicious Damage, the Landlord may submit a claim request for compensation.

(b) The claim request must be made within 14 days of the end of the guarantee.

(c) Claims must be submitted on a claim form supplied by Rent Guarantor upon request.

(d) All claims submitted will be adjusted by an appropriate Loss Adjuster appointed by RentGuarantor

(e) All claims submitted will incur a claims handling fee of £500, refundable upon successful settlement of the claim.

(f) Losses arising out of wear and tear and/or accidental damage are not covered by this clause.

(g) RentGuarantor shall cover up to £10,000 in respect of such losses, once verified by the Loss Adjuster with a £1,500 excess applied to all claims.

Last Updated: 04 August 2020