Can I send a copy of correspondence to the guarantor?

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  • Can I send a copy of correspondence to the guarantor?

    New tenants moved into my property in October. Since then, they have never paid their rent on time (although it never goes more than 10 days late)and (in addition to phone calls discussing them moving the payment date and reinforcing their obligations as tenants to pay on time) every month I have sent them a letter stating the payment is late and that I will be approaching the guarantor if payment is not received within 7 days as per the guarantors agreement.

    This month, in addition to the above content, I have finally decided to get tougher and also remind them that as per the Tenant Agreement I can impose additional costs for late payments and that having given enough warnings I shall do so if another payment is late.

    My hubby is suggesting that we send a copy of this latest letter to the guarantor in the hope that he puts pressure on the tenants to pay up on time and not muck us about.

    Am I allowed to inform the guarantor in such a way? Would I be breaching data protection or some other law or does the guarantor have a right to know just how close he has come each month to being obligated to meet their rent?

    Any help would be very much appreciated

  • #2
    No you won't be breaching data protection. That is exactly what a guarantor is for.

    When I had a useless tenant about ten years ago, I used to send a copy of everything to the guarantor. Never got anything in the end mind you. The sneaky tenant got her cancer riddled father to be guarantor. You guessed it- he died while I was suing him!

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    • #3
      Originally posted by jamesknight0 View Post
      No you won't be breaching data protection. That is exactly what a guarantor is for.

      When I had a useless tenant about ten years ago, I used to send a copy of everything to the guarantor. Never got anything in the end mind you. The sneaky tenant got her cancer riddled father to be guarantor. You guessed it- he died while I was suing him!

      I am struggling to understand why you think we should find this funny.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      • #4
        Originally posted by mind the gap View Post
        I am struggling to understand why you think we should find this funny.
        It was far from funny from my point of view. I was making a point about the sneaky ways tenants get out of paying their dues. The tenant had a perfectly healthy mother, but kept quiet about her, knowing her father was on his way out.

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        • #5
          Thanks for your answer jamesknight0

          Time to get tougher, I think I'm too soft!

          I have the letter written and will pop it through to the tenants and guarantor tomorrow

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          • #6
            Originally posted by fresh to the market View Post
            Thanks for your answer jamesknight0

            Time to get tougher, I think I'm too soft!

            I have the letter written and will pop it through to the tenants and guarantor tomorrow
            (The following assumes that there is nothing in the guarantee that requires the landlord to issue warnings to the guarantor.)

            You need to be a bit careful here.

            Whilst it may not set a precedent, you leave yourself open to the argument that you have set a precedent by informing the guarantor when the tenant is late. Far better I think simply to demand the rent from the guarantor when it is more than seven days overdue.

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            • #7
              Totally agree make the same demands of the guarantor that you make of the tenants

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              • #8
                Thanks for your input.

                Having once again checked through the guarantor agreement there is nothing in there to even hint of a LL requirement to give notice to him.

                Just that the G has 10 days with receipt of a written demand to pay any outstanding amounts owed by the tenants.

                It's never got to the stage where I've contacted the guarantor to demand payment and hope I never have to. I just wondered whether the tenants having the father/father-in-law breathing down their necks would act as an incentive for them to pay on time without hassle and stop me having to waste my time with all these letters and head aches every month!

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                • #9
                  Originally posted by jamesknight0 View Post
                  It was far from funny from my point of view.
                  If you say so. However, the jokey style/tenor of your post suggests you are inviting us to have a laugh about it with you:
                  Originally posted by jamesknight0 View Post
                  The sneaky tenant got her cancer riddled father to be guarantor. You guessed it- he died while I was suing him!
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                  • #10
                    Originally posted by mind the gap View Post
                    If you say so. However, the jokey style/tenor of your post suggests you are inviting us to have a laugh about it with you:
                    Please do not quote me selectively to try to put me in a bad light.

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                    • #11
                      Originally posted by jamesknight0 View Post
                      Please do not quote me selectively to try to put me in a bad light.
                      As you wish. It does not really make any difference. It is still the jokey style/tenor of your post which gives the impression that you are inviting us to have a laugh with you:
                      Originally posted by jamesknight0 View Post
                      When I had a useless tenant about ten years ago, I used to send a copy of everything to the guarantor. Never got anything in the end mind you. The sneaky tenant got her cancer riddled father to be guarantor. You guessed it- he died while I was suing him!
                      I have no interest in putting you in any sort of light. I do not know anything about you. It is your comment I find crass.
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                      • #12
                        Originally posted by mind the gap View Post
                        As you wish. It does not really make any difference. It is still the jokey style/tenor of your post which gives the impression that you are inviting us to have a laugh with you:


                        I have no interest in putting you in any sort of light. I do not know anything about you. It is your comment I find crass.
                        Please get a life

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                        • #13
                          I have an interesting life, thank you. Calm down. There is really no need to get ratty about it. We shall have to agree to differ about your 'sense of humour'.
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                          • #14
                            Originally posted by jamesknight0 View Post
                            When I had a useless tenant about ten years ago, I used to send a copy of everything to the guarantor. Never got anything in the end mind you. The sneaky tenant got her cancer riddled father to be guarantor. You guessed it- he died while I was suing him!
                            I think you need to accept that when you launch your words into the public domain they take on a life of their own and people will take them as they find them. I have to say that my instinct is that, whatever your intention and whatever the context, many will find them ill-considered.

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