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Thread: Guarantor

  1. #1
    Join Date
    Dec 2004
    Location
    Beautiful Waitakere Ranges
    Posts
    519

    Default Guarantor

    Hello there, I'm signing up a new tenant with her parents as guarantors. If it ever comes to a dispute can I still go to the tenancy tribunal for dealing with the tenant, or will I now have to go to court and deal with her guarantors instead?
    Or put it in another way: Does the tenant still have the same legal obligations or do they 'pass on' to the guarantor?

    Of course I hope it never comes to that, but I'd like to know

    Thank you,
    Rolf

  2. #2
    Join Date
    May 2004
    Location
    Christchurch
    Posts
    563

    Default

    Hi Rolf,

    Welcome to the forum.

    I'll start with the standard I'm no expert but I'll think you will find that all of your dealings are with the tenant just as normal. The parents have accepted that they will be liable to pay any debts that their daughter incurs in those dealings.

    Brave parents indeed!!!

    Help needed from the legally qualified on the panel.

    N

  3. #3
    Join Date
    Aug 2003
    Posts
    7,638

    Default

    If the tenant is under 18 it pays to apply to the Tenancy Tribunal to have the agreement ratified as clear, understood etc or the tenant can wriggle out of it, guarantor or no guarantor.

    Sarah

  4. #4
    Join Date
    Dec 2004
    Location
    Beautiful Waitakere Ranges
    Posts
    519

    Default

    Thanks for the replies

    I don't have any worries either, they appear nice and reliable - she had a whole lot of family helping her on moving day, seems like a lot of support.
    Now I'll look forward to buy another IP some time next year. I'm a recent immigrant, and this is my first IP.

  5. #5
    Join Date
    Jun 2005
    Location
    Nelson NZ
    Posts
    3,864

    Default

    There was a tribunal case of interest published about this sort of thing.
    The tribunal will not recognise guarantors.
    However I have been very successful achieving the very same thing by getting the parents to sign on as the tenant or even as joint tenants.
    You can immediately see how serious the parents are to make a guarantee when they realise that the court will pin them even for damage done by their childrens friends or even the flat mates.
    It always works a charm and you have the full use of the tribunal and collections department of the court at you disposal to enforce your debt.
    I have never found the tribunal excuse a tenant of their liability purely on the basis of being under 18.


 

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