Tenant's guarantor based in Eire- is that OK?

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    Tenant's guarantor based in Eire- is that OK?

    Hello
    Is it acceptable for a tenant to have guarantors based in southern Ireland? I thought if they are not UK based this makes things difficult from a legal point of view if one would have to end up pursuing them in the courts.

    Can anyone advise?

    Thanks

    #2
    I have no idea how difficult it is to enforce a UK judgment in Eire, but I would have thought that it was a difficulty best avoided.

    Comment


      #3
      Originally posted by chocolatemalteser View Post
      Hello
      Is it acceptable for a tenant to have guarantors based in southern Ireland? I thought if they are not UK based this makes things difficult from a legal point of view if one would have to end up pursuing them in the courts.

      Can anyone advise?

      Thanks
      It's valid in theory but undesirable/unworkable in practice- so don't accept it.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        Originally posted by Lawcruncher View Post
        I have no idea how difficult it is to enforce a UK judgment in Eire, but I would have thought that it was a difficulty best avoided.
        If you have ever thought that lawyers in Britain were inefficient and error-prone (though not those whose lucid comments on this forum I have found invaluable), then you have not experienced those in Eire.

        Twenty years ago when my in-laws lived locally, I drew up very simple mirror wills for them with the usual survivor clauses plus provision for any beneficiary share should any not survive.

        They retired and moved back to Eire. Unbeknown to me they were persuaded to create new wills, and I did not have sight of either until one died and the other was suffering dementia, so not able to validly create a new will. The surviving spouse died two years ago, and the estate has still not been distributed.

        The will, done by a local solicitor firm looked like it had been typed on a child's typewriter. The will appointed the lawyer as sole executor, so most power and control vests in him. It was also defective in that one beneficiary had died, and no provision was made for the disposal of this share. The result has been the involvement of the High Court in Dublin to rule on this - with the resulting high fees as well.

        So, as well as gaining a good fee from being executor, the assets of the estate are being squandered trying to make legal sense of the defective will.

        And trying to sue a lawyer in Eire is nigh on impossible.

        More written than what I intended, but as said above, have nothing to do with any guarantor agreement that is not UK based.
        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

        Comment


          #5
          Originally posted by Esio Trot View Post
          have nothing to do with any guarantor agreement that is not UK based.
          Let's make that "England & Wales-based". Suing in Scotland or Nothern Ireland also presents the same extra-territorial problem.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Esio - sorry to hear that - sounds like a nightmare of a situation.
            ASSUME NOTHING - QUESTION EVERYTHING!

            Comment


              #7
              Originally posted by jeffrey View Post
              Let's make that "England & Wales-based". Suing in Scotland or Northern Ireland also presents the same extra-territorial problem.
              Quite so. Makes a bit of a misnomer of the "United" bit of the UK though - and with more and more devolved powers, it will no doubt be more disunited in the future.

              Originally posted by Paragon View Post
              Esio - sorry to hear that - sounds like a nightmare of a situation.
              Thanks. The main rub is being totally powerless. Had a family member been made joint executor it would have changed things greatly. As it stands, the family have few rights to even see information or know of the fees being levied. We have an "insider" at the bank where cash is deposited and she has said that the balance has gone down by over 20K Euros in the last two years - with the funeral costs being met by the family (there being no provision for this in the will!).
              On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

              Comment

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