Rent Guarantor Contract Tenant Terms & Conditions 2

Effective date: 30 January 2024

Definitions

  1. Landlord: the freehold or leasehold owner of the Property, named in the Schedule as the landlord
  2. Property: the property described more particularly in the Schedule;
  3. 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.
  4. Rental Obligations: means arrears of Rent and any additional sums payable to the Landlord under the Tenancy Agreement;
  5. Services: the provision of a guarantee in favour of the Landlord to pay the Rental Obligations of the Tenant under the Tenancy Agreement, only if the Tenant fails to do so subject to the terms of these Conditions.
  6. Tenancy Agreement: the assured shorthold tenancy agreement or short term private residential tenancy agreement of a term of at least 12 months, and made between the Landlord and the Tenant, pursuant to which the Landlord grants the Tenant property rights over the Property during the Term.
  7. Tenant: the person named the Schedule as the tenant.
  8. 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).

These terms

  1. What these terms cover. These are the terms and conditions on which we will guarantee your Rental Obligations under your 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.
  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.

Information about us and how to contact us

  1. Who we are. We are RentGuarantor Limited a company registered in England and Wales. Our company registration number is 07913370 and our registered office is at 27-28 Eastcastle Street, London W1W 8DH.
  2. How to contact us. You can contact us by telephoning our customer service team at +44 207 193 4418 or by writing to us at info@rentguarantor.com.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your application.
  4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you

  1. How we will accept your application. Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  2. If we cannot accept your application. If we are unable to accept your application, we will inform you of this and you will not be charged. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or various other reasons.  
  3. We only provide services to the UK and Gibraltar. Our website is solely for the promotion of our services for properties in the UK and Gibraltar. Unfortunately, we do not accept applications in respect of properties outside the UK and Gibraltar.

Your rights to make changes

  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. 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. 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 - Your rights to end the contract).

Your representations, warranties and obligations

  1. You represent and warrant that:
    1. 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;
    2. Your Tenancy Agreement is an assured shorthold tenancy agreement or short term private residential tenancy agreement, and not a licence agreement;
    3. Your net income is at least 1 and a half times the Rent; and
    4. 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.
  2. In consideration for us guaranteeing your Rental Obligations you must:
    1. supply us with the following:
      1. Proof of your identity;
      2. Proof of study or employment or benefits;
      3. Accommodation details; and
      4. The name and contact details of a secondary person who we can contact if we cannot reach or contact you.
    2. pay the Rent to your Landlord when due and any other sums due to your Landlord under the Tenancy Agreement;
    3. 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;
    4. not deliberately withhold payments of Rent or any other sums due under the Tenancy Agreement to your Landlord for any reason;
    5. comply with the provisions of your Tenancy Agreement; and
    6. 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.
  3. A breach of this clause 6 may lead to:
    1. us terminating these Terms without notifying you; and/or
    2. eviction proceedings being brought against you; and/or
    3. your credit rating and/or ability to rent properties in future being adversely affected.

Providing the Service

  1. Subject to these Terms and your compliance with Clause 6, we will guarantee your Rental Obligations for the Term.
  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.
  3. The guarantee we will provide to your Landlord will:
    1. Cover your Rental Obligations only. If you are jointly and severally liable with another person under your Tenancy Agreement, the guarantee provided by us is limited to the proportion of Rent you are responsible for which you have stated in your application.
    2. Not cover any other costs associated with the Property, including (without limitation) utility bills, television licences or council taxes.
  4. In the event that the Landlord makes a claim and we pay the Landlord any sum in respect of arrears of Rent or damage caused by you, you will reimburse that sum to us within 30 days of us demanding reimbursement, or any such longer period that we may agree with you.
  5.  Should you fail to reimburse us in accordance with clause 7.4 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.
  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.
  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.

Your rights to end the contract

  1. 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.
  2. Prior to your Landlord accepting the guarantee provided by us, you have 14 days after the day we email you to confirm your application has been accepted, to cancel your application. You will receive a full refund, less an administration fee of £75.00.
  3. If the Landlord does not accept the guarantee provided by us, you will receive a full refund of any monies paid to us.
  4. When you don't have the right to change your mind.  You do not have a right to change your mind once the guarantee has been accepted by the Landlord, even if the cancellation period is still running.

How to end the contract with us (including if you have changed your mind)

  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 
    1. Phone or email. Call customer services on +44 207 193 4418 or email us at infor@rentguarantor.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. Online. Complete the cancellation form on our FAQ section on our website.
  2. How we will refund you.  We will refund you the price you paid for the service, by the method you used for payment. However, we may make deductions from the price, as described in 8.2.
  3. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

Our rights to end the contract

  1. We may end the contract at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service, for example, any of the documentation listed in clause 6;
    3. if any of the information provided to us is untrue or misleading in a material respect when it is made;
    4. you use the Property for any unlawful purpose.
  2. You must compensate us if you break the contract. If we end the contract in the circumstances set out in clause 10.1, you will pay us reasonable compensation for the net costs we will incur as a result of your breaking the contract within 14 days.

If there is a problem

  1. 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 info@rentguarantor.com.

Price and payment

  1. Where to find the price for the service. The price of the service will be the price indicated on the application pages when you completed your application.
  2. When you must pay and how you must pay. We accept payment via Paypal, Visa, Mastercard, American Express and Diners on our payment page. The guarantee will not be provided until payment is made.  

Our responsibility for loss or damage suffered by you

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either, it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the service.  
  3. 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.

How we may use your personal information

  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-policy

Other important terms

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Last Updated: 30 Jan 2024