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Non paying guarantor


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I am currently taking a non paying guarantor thorough the small claims court. I had to evict tenants recently due to non payment of rent. During this process i had a letter from the guarantor stating he no longer wished to act as guarantor.

I am curious i am trying to claim for the rent upto the date of eviction. Does anyone know the law on this one

Regards Blue girl

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Hi Blue girl,

I am no expert, I have heard of some courts deeming the guarantor only liable for the fixed part of the AST and not when it has turn into a periodic.

So my understanding is:-

If the AST was fixed and still within its fixed period and providing the guarantor agreement was dated the same date as the AST, signed and witnessed, then you should be ok in recieving judgement in your favour, whether you get the money owed is something else, if they are worthy you should.

I trust you checked the guarantor was worthy? preferably a house owner or otherwise had good finance?

I have been to court a dozen times it's enought to quickly learn you can taken nothing for granted, back-up your fact's or claims with documentation, as no judge will really accecpt your word against someone else's.

I am currently using the internet online small claims this is so far very pain less, and as cheap as you can get. I have the unfortunate experience of listening to bullish statments from various solicitors when sitting in front of them in their office, only to find them cower and squeak like mice in front of the judge.

You've already won by eviting the tenants, get your property rented again, lick your wounds then hit the guarantor with letters stating the worst senario for them if they renage on thier contact with you. even if the guarantor contract is invalid it seems they dont know that. They must be concerned, I would possible try to come to a compromise either way, but if you make any out of court agreement its no good to you if they back down again get the deal sealed with an item of value or hard cash. If you do go to court at least you are in control even if you lose the court fees. Watch out on the fee side thou, sometimes you are wiser to just let it go and treat the experience as a valuable lesson.

Let me know the out come.

Regards G

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