In the UK, Can I take a guarantor, for a tenant, to court after 5 years?

linda44

In the UK, Can I take a guarantor, for a tenant, to court after 5 years?

davidmcn

Which part of the UK? When was the last time (if ever) that you demanded sums from the guarantor?

theartfullodger

Yes: You may or may not win. (I can take Cameron to court for being a smarmy PR man....). 5 years after what??

Was the guarantee "enacted as a deed" & witnessed, did the guarantor have sufficient unhurried time to read tenancy & guarantee??

Have you taken tenant to court, got judgement, then failed to collect??

For what period of unpaid rent are you asking for??

What happened when you wrote a calm polite letter to guarantor asking for the funds??

agrinnall

theartfullodger wrote: »

Yes:

It can't be an unequivocal "yes" because if it's in Scotland it could already be out of time, which will be why david has asked his question (and I'm sure you know that too).

G_M

In England/Wales you have 7 years.

Whether you'd win would depend on various other factors eg the validity of the Deed of Guarantee as artful suggests above, and the validity of the claim.

NewShadow

agrinnall wrote: »

It can't be an unequivocal "yes" because if it's in Scotland it could already be out of time, which will be why david has asked his question (and I'm sure you know that too).

I would surmise TAL was being a little flip:

(I can take Cameron to court for being a smarmy PR man....)

But flip is accurate - you can take anyone to court for any reason in any part of the uk.

You just need to bear in mind your case may be thrown out if either groundless or if you've pursued judgement before following due process.

linda44

The Tenancy Guarantor Covenant prepared by the agent and signed by guarantor only, in front of the agent.
Thank you all for being so helpful.

The house is in Essex England.
I re gutted a house with the council's help as they were going to rent it from me.
I waited a month or 2 but they still did not have tenants for my house.
So then I thought I'd rent it out privately.
I used an agent.
As the tenant they found was on benefits I did not want to let to her without a guarantor.
The agent did legal credit checks using a well known specialist referencing company on both of them.
He drew up the tenancy agreement which the tenant and the agent signed.
He drew up a separate Tenancy Guarantor Covenant which the guarantor signed.
The guarantor was her legal representative.
The tenant moved into the house in 2007.
The tenancy became a periodic.
She could not afford a rent rise so we did not increase the rent.
In 2010 she was late with her rent by 2 months.
The tenant could not be contacted as no reply by phone.
I contacted the guarantor.
He made her pay 1 month.
Then I realized that she had left.
The tenant abandoned the house in Dec 2010 without giving me any notice.
The house was left in a very bad state.
I was told by her father that him and her planned not to tell me that she was leaving because he wanted to help her.
He told me that she cannot be contacted.
When I tried to contact the guarantor he was unavailable.
I spoke to his wife who said she would deal with me. I now found out that she is a lawyer.
She gave me the wrong email address for her husband and was never available when I tried contacting her or the guarantor.
I traced where the guarantor worked.
I sent a message and photos of the house to his work.
They said they would give it to him.
No response.
At his work they stopped talking to me.
I paid a tracing agent to find his address as he'd moved.
I sent him a court threat in 2012.
He and the tenant replied separately but together as the envelopes and writing were similar.
He denies all responsibility as the tenant claims that she did not leave a mess and the carpets were threadbare when she had originally moved in and that I'm demanding too much money for decorating and rent during finding builders and having all the work done.
I emailed him to ask her to pay. But nothing happened.

specialboy

5 years later? Move on and put it down to experience.

linda44

I cannot move on as I'm owed £5000.00 plus interest!

Robin9

Have you re-let ?

Caz3121

linda44 wrote: »

I sent him a court threat in 2012.
He and the tenant replied separately but together as the envelopes and writing were similar.
He denies all responsibility as the tenant claims that she did not leave a mess and the carpets were threadbare when she had originally moved in and that I'm demanding too much money for decorating and rent during finding builders and having all the work done.
I emailed him to ask her to pay. But nothing happened.

So did you go to court after the threat of doing so 3+ years ago?
What happened to the deposit?
Do/did you have landlord insurance?