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

duncan303

anselld wrote: »

So how long does T/Guarantor liability last after the end of tenancy?

It would last as long as any action that can be taken against the tenant even as a former tenant, the tenant may have moved out many months before.

suppose action was taken against a former tenant in a matter about the tenancy and the judgement was granted, and the tenant had not the ability to pay, the landlord is perfectly entitled to chase the guarantor.

However it will depend on the actual wording of the guarantor agreement, Guarantors need to be vigilant that the agreement is not silent.


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theartfullodger

Yes, of course LL can approach Guarantor.

However, I understand drafting & getting right a Guarantor deed (assuming we are talking England or Wales) is notoriously difficult. Apparently ..

It needs to be drawn up as a "Deed" and state it is one...

It needs to be signed by Guarantor who has seen the tenancy agreement & understands what they have agreed to ...

It needs to be witnessed.

I am told if the above ain't the case any legal action against Guarantor should fail. Post again if you need any further info...

Equally of course LL can take action against Tenant/ex-tenant, but for that the tenancy does not need to be a deed, not witnessed, not even be a written tenancy.

Cheers!

Artful

suited-aces

Alias_Omega wrote: »

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.

So you wouldn't just ask the tenant for the cash? The girls are not refusing to pay (the one girl has paid the whole thing). I'm probably wrong in this view, but it seems just like going round to the guarantors demanding the rent without asking the tenants to pay it first.

suited-aces

omen666 wrote: »

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.

Fair point, he's only charged the exact amount on the bill, no other mickey-taking fees. And I know its his right to ask for it, you won't see that disputed anywhere in my posts, it's just the embarrassment of going direct to the guarantors, makes it look they had been !!!!less and refused to pay. I would be mortified had it happened me.

suited-aces

theartfullodger wrote: »

snip

sorry, I should say its northern Ireland. They've paid up, and its not like there going to try to counter sue or anything, I was just asking an academic question really.