Chasing after arrears , guarantor, tenant , problems ,

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    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...

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      #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

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        #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 ?

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          #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).

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            #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)

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              #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

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                #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

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