Can I claim against the Tenant AND the Guarantor?

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  • Can I claim against the Tenant AND the Guarantor?

    Hello, I'm just after a little advice before proceeding with legal action to recoup money for damages.

    Is it possible to claim against the tenant AND the guarantor on one claim?

    Would this serve me any benefit, i.e. more chance of getting my money back, or should I just pursue the guarantor as I firmly believe my tenant isn't worth much?

    Any advice or experience would be greatly appreciated.

    Thanks in advance.

  • #2
    I am fairly sure you can claim against them as co-defendants. However, it may be more advantageous to claim against the guarantor alone as you may be less likely to meet with a counterclaim for disrepair (an often used defence). I can't see any particular advantage in claiming against both if the tenant has no means to pay the debt.

    The main thing is to prove the damage and your losses, though. You'll need good evidence of condition pre- and post-tenancy, as well as evidence to support cost of repair, (or appropriate portion of replacement, or appropriate compensation for minor damage).


    • #3
      Yes you can claim against both G and T at the same time.

      You should ensure that the guarantee is properly prepared, if it is not created by deed then you could end up with a messy argument as to whether it is a valid contract with G.
      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.


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