Guarantor issue

macman

And they will always chase the one who is easiest to find and is the most likely to have the assets sought.

martindow

Where there are two guarantors as in this case one will blink first and settle the bill.   Could this person then make a legal claim against the other guarantor so that they each pay half of the shortfall owing to the landlord?

macman

No, because they have no contract with the other guarantor. They are jointly and severally liable, and, if one of them settles the debt, then the contract with the LL has been satisfied.

eddddy

martindow said:

Where there are two guarantors as in this case one will blink first and settle the bill.   Could this person then make a legal claim against the other guarantor so that they each pay half of the shortfall owing to the landlord?

If a guarantor has to pay out, I believe that the guarantor can make a claim against the tenant that they were guaranteeing (it's called 'subrogation') - but not against another guarantor, or another tenant.


But if there are, say, two tenants with joint and several liability - the guarantor might be claiming from the 'innocent' tenant, who's paid their share of the rent. So the 'innocent' tenant might then have to make a claim against the 'guilty' tenant.


Edit to add...

Unless the guarantors and/or tenants made a more specific agreement about this between themselves