Here is a question to the blog clinic from Nicola who is a guarantor.

I am a Guarantor for my student son. A ‘friend’ playing around in my son’s room damaged a floorboard. He has given the Landlord the details of the person responsible, but the Landlord says my son is responsible. Will I have to pick up the bill if this is not sorted out?

Answer

It will depend on the terms of the tenancy agreement and your guarantee deed (and you must read these) but I suspect almost certainly yes.

Most tenancy agreements (mine for example) will provide for the Tenant to be responsible for any damage done to the property by the tenant’s guests.

After all the landlord, once the property is let to the tenant, has no control over who the tenant allows into the property and what they do there. It is up to the tenant to exercise control over their guests and ensure that they do no damage.

If any damage is done by a guest the tenant is responsible to the landlord for the (reasonable) cost of putting it right – but in turn, the tenant has the right to recoup this cost from the guest – through the courts if necessary.

So your son will have to claim back the cost of the damage from his friend.

Depending on the terms of your guarantee deed you will almost certainly be responsible for damage as well as rent arrears. So the landlord (assuming this is the case) will be able to claim the cost of the damaged floorboard from you if your son fails to pay it.

In which case you should also have the right to claim reimbursement from the friend, although this may have to be through your son.