Can (an ex) landlord bypass tenant and go directly to guarantors?

suited-aces

Long story short, girlfriend left her student flat early, other flatmate stayed, brought in cats for the remainder of the tenancy. This resulted in a pest controller needing to be called (after the return of the deposits). This is all ok, broke the terms, landlord incurred cost etc, but the issue is, the landlord never had any problems with any of the girls in terms of rent etc, all prompt payers.

However, now that he was looking to get the £100 back from them (altogether, not each), he sent a letter directly out to their guarantors, detailing the problem and asking for payment. This strikes me as being wrong, I mean, if my old flatmate had messed about like that, and I hadn't been informed, my aunt would have gotten a letter asking her to pay if the landlord had done the same thing?

duncan303

A guarantor can be approached to take responsibility unilaterally if any of the terms of the contract have been breached.

That's what a guarantor is.

Why are you surprised?


..

suited-aces

I genuinely thought they were they to cover a tenant's default. If I was wrong though I was wrong.

G_M

I wouldn't call it good practice but yes, the guarantor can be asked for the money. Assuming the tenancy was 'joint and several' the landlord/agent can demand the total amount from any one, or any combination, of the two tenants and two guarantors.

voytovdwiof

Are you saying that they first went to the guarantor, not the tenant?

suited-aces

voytovdwiof wrote: »

Are you saying that they first went to the guarantor, not the tenant?

Yip, none of them heard of the issue until the guarantors received the bill.

N79

suited-aces wrote: »

Yip, none of them heard of the issue until the guarantors received the bill.

While it may not be best practice, guarantors are jointly liable with the Ts so the LL can choose and combination of 1 or more guarantors / Ts to seek payment of the full amount from. There is no obligation to contact Ts first nor is there an obligation to "split" outstanding amounts between the Ts.

Alias_Omega

It might not be right, but it certainly has your attention.


I would do the same, as now the Guarantor would be pressing the tenant for the cash, and reasons for not paying the cash.

anselld

So how long does T/Guarantor liability last after the end of tenancy? OP stated that tenancy has ended and deposits returned, presumably by checkout inspection, agreement with LL etc. Surely any contract which was in place was terminated prior to the demand for £100.

moromir

Did your girlfriend ever give the Landlord her forwarding address? If not then contacting the Guarantor is the next logical thing to do.

omen666

To be quite honest he seems a decent landlord, repayed the deposits and is only claiming £100 between them all, reasonable amount for cleaning\pest control. He is well within his means to get them all to stump up.

I would get your friend to get onto the bird that caused the issue, by all accounts from your original post they all seem to get on.