Guarantor resident abroad

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Guarantor resident abroad

    If I accepted someone with a guarantor resident abroad and things turned bad, would that prevent me from suing the guarantor for any debt?

    If I remember correctly people have to be resident in England or Wales in order to be sued in the County Court. But perhaps I am mistaken?

    #2
    Originally posted by Perplexed View Post
    If I accepted someone with a guarantor resident abroad and things turned bad, would that prevent me from suing the guarantor for any debt?

    If I remember correctly people have to be resident in England or Wales in order to be sued in the County Court. But perhaps I am mistaken?
    A guarantor based abroad (especially outside the EU) would be virtually impossible to trace and sue if they were keen not to be found. Is it for a student?
    '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


      #3
      No, I don't let to students.

      To my surprise the referencing company say they will accept a guarantor based abroad, and I would get all their personal details before sending the referencing forms off to the referencing company. So this guarantor would be traced and checked prior to the tenancy being granted.

      My question is therefore quite specific:

      Having all the guarantor's personal details fully checked, would I be able to sue them if they are resident abroad?[

      Comment


        #4
        Yes, you could; but where?
        In UK? No good, as G is outside jurisdiction.
        Abroad? No good; how do you envisage litigating in a foreign legal system which may even not recognise an E&W Deed of Guarantee as valid?
        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


          #5
          Originally posted by jeffrey View Post
          Yes, you could; but where?
          In UK? No good, as G is outside jurisdiction.
          Abroad? No good; how do you envisage litigating in a foreign legal system which may even not recognise an E&W Deed of Guarantee as valid?
          Well, that sounds as if I couldn't doesn't it?

          I will steer well clear then.

          Thank you for your reply.

          Comment


            #6
            Well, unless G had assets in the jurisdiction, such as a property? And G appointed a process agent so you could serve on him in England, without needing to locate him abroad.

            But unlikely he will agree to do those things. process agent fees may well be £££ a month for him.

            Then it might be fine.

            Comment


              #7
              Originally posted by dominic View Post
              Well, unless G had assets in the jurisdiction, such as a property? And G appointed a process agent so you could serve on him in England, without needing to locate him abroad.

              But unlikely he will agree to do those things. process agent fees may well be £££ a month for him.

              Then it might be fine.
              Far too complicated. The more complicated something is, the greater the likelihood of something going wrong. I will just look for another tenant.

              Returning to Jeffrey's reply, UK may be a bit too broad too.

              Since both myself and the property are in England I would probably face the same problem if the guarantor was based in Scotland.

              Unless I am mistaken, England and Wales is a different jurisdiction from Scotland as they even have different legislation there.

              Can anyone shed some light on this?

              Comment


                #8
                You are correct.

                Appreciate the way to get round non-resident person is complicated, was there as a FYI, as this is how large corporations (with far more resources) manage.

                Scotland is a different jurisdiction to E&W.

                Far better to find a G who is and will stay resident in E&W (assuming the property is located there).

                Comment


                  #9
                  Originally posted by dominic View Post
                  Far better to find a G who is and will stay resident in E&W (assuming the property is located there).
                  Hmm... that sounds as though the problem could also arise if they moved out of E&W!

                  The pitfalls are truly endless...

                  Comment


                    #10
                    That's why most responsible agencies will want confirmation that any G is a property owner and resides in this country. That way you reduce the risk of him leaving the country.

                    Comment


                      #11
                      My tenant's guarantor was a property owner in England. Within a month of the tenant (his daughter) moving in he had sold his property and moved to the other side of the world! Not much use to me now.

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X