Got screwed as the guarantor - Has anyone successfully sued?

lionyard

Hello

Has anyone here, or knows of anyone, successfully managed to sue tenants for rental owed that you had to pay out as the guarantor?

I acted as a guarantor for a property rental agreement. The two tenants named on the agreement ran up £2500 of rent arrears, which I as guarantor ended up paying.

I've spoken to a solicitor but he was unsure whether or not I'd have a good chance of successfully suing the tenants. He basically told me to go down the small claims route and wished me luck.

My gut feeling is that I don't stand a chance if I try to get the money via the courts, but it would be nice to hear from someone who has managed to successfully sue the tenants. It makes me very angry to think these two people can get away with essentially stealing £2500 from me and there's nothing I can do about it.

Thanks

spacey2012

Did the solicitor check your Guarantor contract was a valid deed.
was it signed by all parties who were present in the same room at the same time with a witness present ?

poppysarah

Don't see why you couldn't. Its less than 5k so small claims court.

Are they related to you?
Do they have jobs?

anselld

Not a legal expert, but I imagine it will be difficult as you have no contract with the tenants on which to base a valid claim....

The guarantor agreement is a deed between the L and G which guarantees the T performance of the rental agreement.

The rental agreement is a contract between the T and the L.

There is no contract or deed linking the T and the G.

gordonbennet

spacey2012 wrote: »

Did the solicitor check your Guarantor contract was a valid deed.
was it signed by all parties who were present in the same room at the same time with a witness present ?

This is irrelevant now as the OP has already settled with the landlord.

jjlandlord

If you don't want the liabilities that come with being a guarantor, don't be a guarantor.

lionyard

poppysarah wrote: »

Don't see why you couldn't. Its less than 5k so small claims court.

Are they related to you?
Do they have jobs?

I was once married to one of the tenants, so it was a house for my children to live in, hence why I agreed to be guarantor.

At the time of the debt and agreement she and the other tenant weren't working, but both are now working.

tom9980

£2500 is worth pursuing. The small claims process is simple enough to use without needing a solicitor so his advise is correct.

Now these two individuals can they pay you even if you won using the small claims track? if they have no assets and a low income it can be very hard to enforce payment even if you win at court.

spacey2012

Not irrelevant at all, if the deed is not legally viable the landlord had "no cause" to seek monies and it must be paid back.
As they will have money and they took the money, this is the easiest track to obtaining the money back.

Most guarantor contracts are woefully un-legal, so this is where you start.

If they had no legal right to the money, it is owed back.

lionyard

jjlandlord wrote: »

If you don't want the liabilities that come with being a guarantor, don't be a guarantor.

Yes, I understand that. But really, when it's your kids home you're talking about, getting screwed wasn't in my mind at the time.

Thrugelmir

Seek recovery of the debt through the courts. You have valid grounds.