Debt recovery from guarantor

[EllaG]

We have finally regained possession of our property after serving a section 21 notice in October 2012! We had to go to court to obtain eviction notice and employ bailiffs to enforce it.

On enforcement day we found the tenant had vacated the property but left loads of rubbish, radiators off walls etc. etc. but no keys. We had arranged for the locks to be changed anyway so that 's not an issue.

However we are still owed a considerable amount of rent. Our solicitor advised us to get the eviction out of the way, then once we had gained legal possession of our property to go to the tenant's guarantor for the outstanding debt.

Having never been in this position before, we are anxious not to step outside the law but so far it seems everything is in favour of the tenant rather than the landlord.

First we were given a court date, then it was cancelled and a second notice arrived telling us we didn't need to go to Court, followed by a third saying we did! Finally on the due day we did attend Court with our Solicitor. The tenant had pleaded hardship, saying she and her eldest son had exams pending and in view of this the Judge gave her the maximum say of 42 days. We contacted the Bailiffs on the eviction date (we were told they couldn't be booked in advance) to be then told they were booking into the following month! All in all that gave the tenant another 7 weeks living in our property rent free!!

The property now needs a complete make over before we can put it back on the rental market.

Having spoken to a number if agents all advised us when issuing a Section 21, not to mention rent arrears as this could adversely impact on us getting our property back. That is why we have not aggressively chased the arrears.

One thing which we hope is in our favour is that the tenants mother stood as guarantor. We have her home address and the address of her place of work. Can anyone advise us on how best to go about this legally? Our Solicitor now intends to pursue this but we would welcome a second opinion as we are unsure in reality if he is totally knowledgeable here and cannot afford to mess this up.

Sorry if this is a ramble, but it has become such a saga - one we hope never to have to repeat.

[Grampa]

My first thought after reading your post was your solicitor hasnt dealt with many evictions and/or doesnt specialise in housing law. (my guess is a conveyancing solicitor)

Pleading hardship is a common tactic used by tenants but is easily countered my quoting a couple of well known case laws and the judge should have only given 14 days. If you had a solicitor with you they should have been prepared for it and by not doing so it has cost you a 28 further days.

The info is clearly in Woodfall's Law of Landlord and Tenant which is a a major referance book (if not the bible) for solicitors.

Regarding chasing up the guarentor you first have to have invoices. You then have the option of instructing a debt collector and I have used John at UK Research Debt Collection Company 07876465454 who have collected on both debts I passed over to him and he only charges on what he collects. Or you can go down the legal route of letter before action and then the small claims court via MCOL https://www.moneyclaim.gov.uk/web/mcol/welcome

[Carryon Regardless]

My opinion, more for others in a similar situation reading this as it's too late for you.

When a tenancy goes pear shaped I involve the G'tor early on. I make them aware of any likely claim against them, ie their financial responsibility.

I have experience of G'tor 'resolving' the problem, even the delivery of a black eye to my awkward T who clearly was enjoying playing me.

I'm with your solicitor in favouring the S21 route as the S8 can be easily abused (more than you experienced with the S21).

Grampa may correct me here (and please do) but as you can't claim for solicitor costs in the county court the legal costs to get you there may well be out of your pocket in the end reducing or destroying the benefit of any successful claim, if the defendant have funds to pay you anyway.

[Grampa]

I agree the guarentor should be informed as soon as problems arrise as they can resolve the issues before they escalate and if not they may well ask why they werent informed and are only being told now. Though it isnt clear from the post if the guarentor was aware previously or not.

I also believe solicitors costs cannot be claimed back via the small claims track route. Though I think you can up grade to the fast claim track which is normally for claims 5k-25k where solicitor costs can be awarded both ways. Someone else may be able to confirm that.

For 25k and above the muti track is used.

[Mortitia]

Your solicitor was wrong to tell you not pursue the guarantor whilst eviction was taking place.

A correctly worded and issued Section 21 guarantees possession - end of. Often I think these legal blokes make up the excuses to suit themselves.

Definitely go after the guarantor - I would start by writing to her reminding her of her responsibilities then if no response start moneyclaim online - don't use a solicitor - licence for him/her to print money.

[EllaG]

Actually we did contact the guarantor last year and she paid one month's rent. We also rang her once ourselves and also had an agent call her. Her attitude was one of indifference saying do what you must and hung up. Our Solicitor also sent her a letter in January stating her obligations - that was also ignored.

One the evening of the eviction I called her home number again. This time the call lasted about 20 minutes with her basically saying she couldn't understand her daughter's attitude, that her daughter should pay her debts and that she (mum) had 'wiped her hands of her daughter' . She claims she had no idea of the date her daughter moved out or where she ha gone to live. Having four school aged children surely she can't keep them out of school or keep changing shools .

[Grampa]

If the guarentor works it may be worthwhile going down the small claim route and then getting a attachment of earning from her place of work. She wont be washing her hands of her obligations when she gets deductions from her wages.

It really winds me up when you get attitides like that from guarentors.

[Carryon Regardless]

That sounds promising.

The G'tor has demonstrated her acceptance of liability with the payment of rent she made. Any defence of ignorance (of the responsibility), that can get court sympathy, must be greatly reduced.

Actually as a guy in the street it's easy to sympathise with a G'tor. For doing someone close a favour and more often having little or no control of events they, in theory, could lose all they have worked for because of someone elses disgusting abuse of the situation.

As a business man -TOUGH, I'm too much of a charity due to legislation already.