Chasing after arrears , guarantor, tenant , problems ,

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Chasing after arrears , guarantor, tenant , problems ,

    I have issued section 21 and finally my tenant has left , but owing me £1,000s in rent arrears. Can I get this from the guarantor ?

    #2
    Was the guarantee enacted as a deed and witnessed?

    Suggest you start court claim for arrears and any damage against (jointly) BOTH tenant and guarantor, get judgement, then collect the usual way from whoever you can get money from: (who cares who pays as long as someone does)

    Did tenant just leave or did you go to court & get a PO?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      The tenant left about a month after the section 21 had expired , we didn't need to go to court , although it was messy , nearly issued a further sec 21 and section 8 together through an eviction service as agent didn't have all of the correct things. (long story) but tenant did finally leave-

      I have landlords legal fees on my insurance to cover such things but its a complete joke after I have e mailed them several times with tons of documents they were so slow to respond (this has been going on since May) and kept saying 'it will be looked at on Monday' and so on , although the eviction service i think would have done it quicker for 69 pounds then court cost on top - the agent had issued it but but something wasn't quite right as some paperwork was 'lost' -

      Anyway, the main thing i do have my property back (god knows what state) but not sure what action to take how to do it ect - I am wondering if I can claim this on the insurance as i have the legal fees extension -

      As far as the AST goes the guarantor is listed on it with contact info and signature - not sure if this is 'deed as witnessed' i will check what it says exactly-

      i have let out that property for over 15 years and this has been the last and final straw as i cannot wait to sell it

      Comment


        #4
        There is a guarantor agreement included within the AST with a contractual guarantee and both the guarantor, tenant and agent have signed it-
        I know that the agent has already written to the guarantor about the arrears (i need to get the correspondence from them I have asked but waiting for it again another hold op ) -

        What would my best approach be ? Bearing in mind I have legal expenses cover on my insurance should ask them ?

        Comment


          #5
          Your course of action is to establish exactly what you are owed.
          This is the complete rent owed plus any claim for damages/loss (including the legal snf court costs if the insurance don't/won't cover them).

          Check they're complete and can't be challenged (all rent due and paid from day one of the tenancy for example).
          Then you send a letter to the tenant and the guarantor detailing the debt you wish to collect, a deadline (2 or 3 weeks) after which, if the debt isn't paid, you will consider legal action to recover.

          And see what happens. In the meanwhile have a look at money claim online, which is the most convenient way for you to try and collect the debt.

          The tenant may not actually be able to pay what they owe and you may have to simply record the judgement to get it onto their credit record.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Thanks - yes i will consider these options, I have never been so stressed in all my life - im also not sure if i will get legal aid for legal fees as I cannot afford it really . im a single mum and work part-time as a cleaner with very little to live off , cant claim normal benefits becasue i have a house in addition to the place where i already live (the one where I live is rented)

            Comment


              #7
              Alice - when you do the MCOL make a note of all the numbers. Your gateway number refers to you and you need to use this everytime you make a new claim. I didn't know this and had several gateway numbers meaning my claims got all mixed up and I got completely confused and it was only by luck that I was able to find my claim. I might be a bit thick though

              Comment


                #8
                You won't get legal aid but you can do it yourself. MCOL is easy to do
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment

                Latest Activity

                Collapse

                • AST and periodic tenancy
                  skay2
                  Hi all,

                  This is my first post and my first BTL experience.

                  I bought a new built flat from a developer in England last year. The Lease Agreement stipulated that I need the freeholder’s consent to let it. The request was granted without any mention of extra fees. I found a...
                  22-10-2018, 21:51 PM
                • Reply to AST and periodic tenancy
                  KTC
                  2. The terms specifically allows for AST, which is the default type of tenancy on private letting in England. If you're letting out to a human tenant in England, it's almost certainly going to be on an AST (unless you explicitly grant more security under a non-shorthold assured tenancy). I understand...
                  22-10-2018, 22:43 PM
                • Reply to AST and periodic tenancy
                  skay2
                  Thanks MdeB for the quick reply.

                  (1) I would raise it to the new freeholder with regard to tenancy registration fee. Just curious, is it a common practice for freeholder to squeeze more money out from BTL landlords?

                  (2) So a periodic tenancy is still an AST... I forgot to ask...
                  22-10-2018, 22:21 PM
                • Reply to AST and periodic tenancy
                  MdeB
                  1. I would say "no", but I am not an expert.
                  2. it becomes a new AST. It appears to be no breach.
                  3. The council can chase you for unpaid CT; you then need to chase T. Agreement should say you can do this.
                  Note that the terms of the original agreement carry over to...
                  22-10-2018, 22:01 PM
                • Tenants possessions once they have been evicted
                  ash72
                  Two questions, on when a tenant has left the property but left their things.

                  1. What happens if some of the items are food, which will perish within a few days/week can you throw these away? Or do you have follow the letter of the law and keep them for up to 3 months if they owe you rent...
                  22-10-2018, 20:55 PM
                • Reply to Tenants possessions once they have been evicted
                  MdeB
                  In my experience, food left in the property becomes inedible within a day
                  22-10-2018, 21:55 PM
                • Reply to Tenants possessions once they have been evicted
                  ash72
                  The rent to guide is correct, but the guide is referring to when a tenant does not owe monies, but this question is for when there is monies owed by the T, when the LL is owed monies (rent arrears) they HAVE to keep the items for 3 months, and try and find the T and if successful then serve the notice...
                  22-10-2018, 21:32 PM
                • Blockage responsibility
                  hsa1
                  Hi all

                  if there is a sink or toilet blockage caused by the tenants. Who is responsible for payment to resolve this

                  many thanks
                  22-10-2018, 16:26 PM
                • Reply to Blockage responsibility
                  Lawcruncher
                  Lord Denning no less answered that very question: The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, where necessary, and also the windows. He must mend the electric light when it fuses. He...
                  22-10-2018, 21:22 PM
                • Reply to Tenants possessions once they have been evicted
                  JK0
                  The goverment 'how to rent' booklet gives a figure of two weeks, which I think is reasonable.
                  22-10-2018, 21:21 PM
                Working...
                X