PCOL - Help !

[creaster79]

Does anyone know if i am able to pursue a PCOL against my tenant and his guarantor jointly ? My tenant has no money to pay his rent arrears but his guarantor does. The guarantor refuses to meet the payment demands despite a fully signed guarantor agreement.

THANK YOU

[theartfullodger]

Yes.

but are you sure guarantee is enforceable? see
https://forums.landlordzone.co.uk/fo...ncy-guarantees
&
http://england.shelter.org.uk/legal/...ion/guarantors

Even if the guarantee looks iffy I would certainly take the 1st step in suing by sending an LBA to them jointly (good advice on small-claims on CaB website) They might just fold & start paying!

Even if tenant has no money now he might some time in the next 6 years & a CCJ will make life hard, especially if any landlord bothers with a credit check.

[creaster79]

Thanks for that. It’s a guarantee drafted and used by a large regional tenancy agency so it should be.

We have already served a Form 6a and then a Form 3 (deadline expires in 10 days) so LBA seems unnecessary. We have had multiple conversations with tenant and guarantor so need to move forward.

PCOL seems like the only way forward. Is there any monetary cap under a PCOL? Rent arrears and interest alone are currently £9k.

[theartfullodger]

Is all that paperwork also going to guarantor? If not, LBA to guarantor & tenant for ££££.

[jpkeates]

You can't use PCOL against the guarantor.
You use PCOL to recover possession of the property and to get a ruling about the debt.

And then you pursue the tenant and the guarantor jointly for the debt.