Use of a Guarantor

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    Use of a Guarantor

    My tenant has given a months notice and has requested I use the deposit to pay the final months rent. She already owes money from the previous month. She has had a history of default over the six years of the tenancy and I know that remedial work will be required when she vacates the property. There is a Deed of Guarantor attached to the agreement. Am I within my rights to request payment of the rent from the guarantor even though she wants her deposit using for this?

    #2
    You are entitled to decline the request, and, request payment of arrears and damages from tenant and guarantor, (both) assuming that is over deposit.

    I'd be keen to see her go 1st, keys returned, before any such action.

    ​​​​​​Might make sense to use deposit 1st , after her instructions to deposit scheme, to then avoid further admin/disputes with scheme later.....
    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
      Yes. I would be inclined to decline the request, and, request payment of rent for the last month (from tenant initially and then, failing that, from guarantor).

      Deposit is not for last month rent and I would not recommend accepting it as such.
      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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        #4
        Worth checking too that the guarantee expressly carries on beyond the original fixed term.

        And I agree with above. Keep things simple and ask that all payments be made in line with contract terms. No special arrangements.
        Assume I know nothing.

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          #5
          Thanks to everyone for your advice, which I have now acted upon.

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