Tenant not paying rent

slyracoon

I agree with vax2002. Get the agent to sent a formal request for payment/invoice of rent arrears to the guarantor. If payment is not forthcoming then begin the S8 and S21 process.

tbs624

Always worth remembering that anyone can set themselves up in business as an LA - no qualifications, training or relevant experience required to do so. Some will spend their days getting tenancy and guarantor agreements printed off and signed without having much clue about how to proceed for the best effect when the T fails to cough up.

You may want to consider signing up to Tessa Shepperson's LL Law website and/or a national LL association/ local affiliate - much useful guidance, free documents for members, membership fee is tax deductible and you can get discounts on LL insurances etc. They can "hold your hand " through your dealings with tenancy difficulties.

Even when you do use an LA its as well to keep yourself fully au fait with LL rights and responsibilities - that way it's easier to ensure that the LA is doing what you pay them to do. As vax2002 indicates, its easy for some LAs to forget who is in charge.

vax2002

PS make sure the Agent knows how important it is that this invoice and demand has a wet signature so it constitutes a bill.
It needs 3 things to be a legal bill:
THE DATE
THE AMOUNT DEMANDED
A signature and declaration of person signing.
example signed on behalf of joe blogs agents by ................ NAME OF SIGNATORY...IN BLOCK CAPITALS
Things have been thrown out of court on such minor technicalities as you did not send a "legal bill"

tbs624

1981trouble wrote: »

When I say working with the guarantor, we were in regular contact with them (they were overseas for some of it) and after every contact with them we get a response of sorts from the tenant (manage to make contact, confirmation of council status etc), just no money.

The guarantor is there to cover the shortcomings of the T and that means personally coughing up and then sorting out their own recompense from their son/daughter. They need to fully understand that their role is not to just have a word in their ear.

1981trouble wrote: »

I am fairly certain once we invoice the guarantor that they may become less cooperative with us - but whilst cooperation is useful it isn't a form of currency so time to buck up.

If they were truly co-operative as guarantors you would have had a cheque in your hand before now. They have signed a legally binding agreement (presuming that the LA has done things properly) and you are entitled to call them in to meet their obligations.

Even if you get the money, I would still serve a S21. If the Ts sort themselves out this doesn't prevent you from agreeing to them remaining at the property - it just means that you are prepared if things don't work out, and it shows that you mean business.

tbs624

ref post 24 from Vax - enclose the up to date rent statement.

susanmarie

My mum is going through a similar thing, the guarantors clearly didn't understand the purpose of standing guarantor

Have you thought about using one of those landlord legal companies, who get them evicted for you?

We found it much less hassle than replying on my mothers useless letting agent, who despite us insisting we wanted the guarantor referenced too (otherwise what is the point??) they said they did, but when we asked for the information they said some temp got confused and did the tenant twice!!

ps. we used www.evictions-southeast.co.uk their advice was all free, you only have to pay for the court summons and hearings.