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

agrinnall

linda44 wrote: »

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

Of course you can, you're just choosing not to. I very much doubt if you will ever see a penny of this money, and chasing it could cost you even more. You can decide not to bother and accept that the value of your investment has gone down (to coin a phrase).

G_M

Who witnessed the guarantee agreement being signed?
Was it signed as a Deed?

That might invalidate the guarantor's liability.

As for the claim:
* have you got a good detailed check-in inventory, with photos, describing the condition of the property at the start of the tenancy?
* have you got a good detailed check-out report (ideally an independant inventory clerk) from when the tenancy ended?
* have you got written quotes or invoices for the damage costs being claimed?
* Is there a clear end date to the tenancy? Did a court end the tenancy? How?
* are you claiming rent arrears? How are you calculating this?

5 years.....?!!

davidmcn

linda44 wrote: »

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

But you apparently haven't done anything about it for the least three years?

linda44

I have only The "Tenancy Guarantor Covenant" not a Deed, prepared by the agent but signed only by the guarantor.
I did not take court action after they both responded as I did not know how to fight the defense that they both put in.
I was told that I could not charge for legal advice. I had to fight a lawyer, the guarantor is a legal representative married to a lawyer.
I did not feel adequate enough. so I kept putting it off. Now I am prepared to go forward.
When the tenant had abandoned and was not contactable she claims that she did give me notice. I have a recording of her father admitting that he protected his daughter and confirmed that they did not want to tell me that she was leaving.
The tenant saying use her deposit when I already explained that it has already been used.

linda44

You Say

"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. "
What does this mean?

Niv

linda44 wrote: »

You Say

"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. "
What does this mean?

it meant that your first post did not contain anywhere enough information for anyone to give you an accurate answer.

booksurr

linda44 wrote: »

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

linda44 wrote: »

You Say

"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. "
What does this mean?

your OP was such an open ended question devoid of any background info with which to contextualise why you wanted to take court action that a flippant answer was one very obvious response to it rather than writing long explanations that may or may not have been relevant to your specific circumstances. Artful is an experienced LL who has seen it all and has a rather low boredom threshold around repeating things for the umpteenth time so is now more likely to post one of his often entertaining one liners instead

if you cannot follow the nuances of such "humour" then can I respectfully suggest the idea of you taking any legal action now would be a total waste of time as you're not up to it

your "guarantee" document has been signed by only one person. A guarantee must be signed as a deed. That means it must be signed by a witness at the same time as it was signed by the guarantor. Your "guarantee" is therefore invalid and the rest of your efforts to collect what is owed to you will fail if you try to use it as the court would reject it as part of your case

If the guarantor's spouse really is a legal professional they have already spotted the above, hence why they are ignoring you as they know you have no understanding of what you are doing so won't even waste their time engaging with you

G_M

G_M wrote: »

Who witnessed the guarantee agreement being signed? No one - so the guarantee is legally invalid
Was it signed as a Deed? No - so the guarantee is legally invalid

That might invalidate the guarantor's liability. Yes

However that does not stop you claiming off the tenant, so..... why not answer the questions if you want advice?

As for the claim:
* have you got a good detailed check-in inventory, with photos, describing the condition of the property at the start of the tenancy?
* have you got a good detailed check-out report (ideally an independant inventory clerk) from when the tenancy ended?
* have you got written quotes or invoices for the damage costs being claimed?
* Is there a clear end date to the tenancy? Did a court end the tenancy? How?
* are you claiming rent arrears? How are you calculating this?

..................................................................................................

glentoran99

linda44 wrote: »

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

have you not actually broken the law here?

linda44

I'm finally negotiating with the guarantor. He has accepted liability.