jwrallying Posted February 25, 2008 Report Share Posted February 25, 2008 Ok........ I had to go through the accelerated repossession notice process to get a tenant out who has not paid rent for a few months. The court gave her an extra 10 days as her new place wasnt ready but she is out now so thats ok. The court ordered her to pay the costs (£150) in full by Sunday 24th Feb 2008 which she hasnt. I am also owed £700 rent plus there is approx £300 worth or repairs to carry out but i have a £475 deposit. What do i do about the money owed? (£850) The tenant is not going to pay it becuase she doesnt have it. She does have a garantour though. Do i contact the garantour asking for them to pay the money owed in full and if they dont then threaten them with court action? How long do i give them to respond? how do i go about claiming the money through court? Thanks in advance, John Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted February 25, 2008 Report Share Posted February 25, 2008 I think the guarentor is only responsable for the rent.I would write to them requesting the due rent. IF you dont get a answer I would send a letter by registed post to them to inform them that as they have signed a legally inforceable guarentee and you request the the due rent by xxxx date or you will be appling for a small claim court hearing. Link to comment Share on other sites More sharing options...
GPEL Posted February 25, 2008 Report Share Posted February 25, 2008 Guarantor has no responsibility if the fixed period has expired, unless there is a specific clause relating to beyond the fixed term. You could try your luck but if it goes to court might be a different matter. Link to comment Share on other sites More sharing options...
jwrallying Posted February 25, 2008 Author Report Share Posted February 25, 2008 6 month tennancy agreement finished on 17th jan but she remained in until Friday 22nd feb. Do i take the tennant to court then? she is on benefits so will plead poverty and ill get £1 a week or something stupid. Link to comment Share on other sites More sharing options...
GPEL Posted February 25, 2008 Report Share Posted February 25, 2008 You're unlikely to recover the arrears if she can't pay but may want to consider obtaining a CCJ just in case and to affect her credit profile. Personally I would write to the guarantor and in direct terms advise them of the situation and am taking advice about recovering the debt from them (though it may not get a response). However check your tenancy agreement for specific terms related to Guarantor's as you may have one of the good ones that's worded with a lock-in so could try the contractual obligation route. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted February 25, 2008 Report Share Posted February 25, 2008 My guarentor forms cover any extention or periodic tenancy. But point taken not all forms are the same. Nothing to lose by trying though Link to comment Share on other sites More sharing options...
jwrallying Posted February 26, 2008 Author Report Share Posted February 26, 2008 Right, ill have a look in the morning. First time ive had to go through anything like this and to be honest i could do without the stress and thinking of selling up. Definately all the advice has helped and ill be back in touch for more when i have checked the tennancy agreement tomorrow. Should i have to be doing all this myself as i let the property through an agent on a fully managed package? personally though i think the agent is useless so im doing it myself to make sure it gets done. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 26, 2008 Report Share Posted February 26, 2008 personally though i think the agent is useless so im doing it myself to make sure it gets done. Hmm you are not the first and certainly wont be the last to observe this !!! G agmnt needs to state clearly what G is repsonsible for to be any good ..... I would go after G for full balance payable immediately ...or suitable and accecptable pymnt plan to be fowarded for approval failure to adhere to one of the above within 7 days to result in very immediate employment of debt collection agent and all fees to be paid by G ... Search this forum for "debt collector" you will find loads of explicit discussion, and advice as we have discussed i in great depth !! (both sides of whether to use or not !! ) and the "power" of the threat !! The Rodent Link to comment Share on other sites More sharing options...
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