Can I use a bailiff for a non-paying guarantor?

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    Can I use a bailiff for a non-paying guarantor?

    I used to have 2 tenants. The father at one property, who was paying rent fine, then his son moved into another property of ours. Son lost his job and eventually left owing 1.5K, his father was guarantor. Father stopped paying his rent too and won't pay his son's rent as guarantor.

    I am awaiting notice period to get father out too. I know I can't use a bailiff without a court order to get rent owing from father, but can I instruct a bailiff to try collecting the monies he owes as guarantor for his son?

    Thanks

    #2
    Originally posted by Thecherrys View Post
    I am awaiting notice period to get father out too. I know I can't use a bailiff without a court order to get rent owing from father, but can I instruct a bailiff to try collecting the monies he owes as guarantor for his son?
    No, you must first claim against the guarantor and obtain a CCJ before a bailiff can enforce the judgment.

    https://www.moneyclaim.gov.uk/csmco2/index.jsp

    Note that the guarantee must have been executed as a deed or you will be unlikely to succeed in your claim.

    You can also claim against the son. You have six years to pursue the debt so there is a chance he will return to work in that period, and a judgment can be enforced by an attachment of earnings, i.e. deducted in installments direct from his wages.

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      #3
      Thanks Westminster, I assumed that in a guarantor situation when T cannot pay that the onus is then to pursue G? The father owes money too, so it seems I'll have to do 2 of these?

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        #4
        Originally posted by Thecherrys View Post
        Thanks Westminster, I assumed that in a guarantor situation when T cannot pay that the onus is then to pursue G?
        You can pursue T or G, but you have to issue a claim against G to pursue G.

        The father owes money too, so it seems I'll have to do 2 of these?
        I think you could combine the two claims in one - IF the total for both lots of unpaid rent comes to less than £5,000 (the limit for the small claims track). You'll just need to make the separate parts of the claim very clear and distinct. It would help to number the paragraphs in your particulars of claim; this is what solicitors always do - it enables the defendant to respond point by point, and deny or admit each thing. It'll also help to separate the claim into two sections.

        In the first section, let's say paras. 1 - 10, you set out the facts of the case against the tenant/defendant, and claim £x for the father's unpaid rent.

        Then in the second section, let's say paras. 11 - 20, you start afresh and set out the facts of the case against the guarantor/defendant, and claim £x for the son's unpaid rent.

        Don't mix up any facts or details between the two sections.

        It might be best not to use Money Claim Online, as you get such a tiny box to put the claim details in; I don't think you'd have enough room to make it clear that there are two separate parts to the claim and to give details of both.

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          #5
          Also, it depends on the wording of the guarantee. This may impact on your chances of success. If it is worded as a "guarantee and idemnity" this could be much better.

          Guarantees need to be carefully drafted to avoid going up in smoke, on say, renewal of the tenancy or it rolling into an SPT, rent changes, etc (basically if any of the underlying obligations of the TA change).

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