Information to Guarantors

[Carryon Regardless]

A bit of history first.

I've previously mentioned a T of 5 years who departed with 4 days notice and arrears.

Although he said he would pay me the likelihood, and more importantly his ability, were very doubtful. Not surprising he didn't make any contact.

His guarantor Mother had moved house, with some idea of where I went knocking on doors until I found her, with the polite pretence of having his mail.

Later after writing to her, with a statement of account, he rang. Pleas turned to insults, I guess by now he had become more embarrassed in front of his family.

The mother rang yesterday and has promised a cheque for the full amount, all good in my book.

So far I've signed Guarantors up as such and then all but forgotten them until needed, like the Mother now. If they move or pop their cloggs I would be non the wiser.

Today I'm preparing the 2012 statements to send out to T's and it struck me as reasonable to send to the T's Guarantors also. Perhaps to also include a SAE for them to confirm receipt. If no reply then I might be better assuming that things have changed with the Guarantor.

Also it isn't unreasonable for the Guarantor to be made aware of any adverse situation.

Are there any privacy issues (data protection) here ? As they are Guarantors that would seem a bit silly.

Any thoughts ?

[Grampa]

Even if a guarantor dies you can claim from their estate.

I dont see any reason not to send a rent schedule/statement for the year to the guarantor as they are a party to the agreement. I may be legally incorrect but what are the tenants going to do about it especially if it shows arrears and late payments as the guarantor could have been called upon anyway.

I guess one advantage is it does at least make the guarantor think about their possible liability.

[snorkerz]

Even if a guarantor dies you can claim from their estate.

Sorry to hijack CORs thread.

I currently have an ongoing guarantor claim and the guarantor (well one of them) has passed away. It has been changed to 'the estate of' but do you have any links/info on enforcing against the estate?

[Richlist]

Logic suggests..........

1. If a claim against the guarantor was begun prior to their death then the claimant would become another creditor of the estate of the dead guarantor.

2. Once the guarantor dies then no future claims can be pursued because the guarantor is dead and any future liability dies with him/ her.

Any legal experts out there who can clarify ?