Chasing guarantor

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    Chasing guarantor

    Hi, my tenant was taken into hospital half way through his tenancy and then had to go into supported housing. He continued to pay rent for two months whilst he was in hospital, but on going into supported housing defaulted on his payments. I did contact his support worker who assured me that he would repay the outstanding amounts, but this has not happened. He moved out of the flat in November but his agreement was until 18th March 2011. Can I still chase the guarantor for the outstanding money and if yes, does this have to be before the 18th March 2011, when she would have technically finished being liable??

    Thanks for any advice.

    #2
    What sort of paperwork do you have for the guarantee - specifically, was it executed as a deed?
    Have you entered the property to perform any maintainence, or have you re-let it since the tenant left?
    Did you agree to his moving out?
    Do you have any wrtten confirmation that the tenant wated his tenancy to end?

    Comment


      #3
      Thanks for your reply.
      The guarantee was done by the letting agent, so I think it was a deed.
      The flat was re-let in February
      He was sectioned under the mental health act and was therefore detained in hospital
      He did not give us any written confirmation of his intention to end his tenancy, even to this day, he has been moved into supported living accommodation now.

      Thanks.

      Comment


        #4
        I think you could be in deep, deep trouble for letting the flat when your tenant still had a tenancy running.

        Comment


          #5
          We are lacking detail of the tenancy.
          I surmise T had 6 month AST expiring Mar 2011, he was hospitalised late Nov 2010 and stopped paying rent mid-Dec 2010. Was a deposit taken and protected in DPS?
          The OP certainly made an error unless s/he followed an abandonment process or acted on Social Services advice that T would not be returning & was being re-housed in supported accom.
          No unpaid rent can claimed from T/G from the date the property was re-let (Feb 2011)
          I would suggest any claim from G/deposit should only cover rent due to 31 Dec 2010 and for any damage caused, based on move in/out inspections.
          Personally, I think the OP should be relieved they no longer have a T that was suffering mental health problems and accept a rel low loss.

          Comment


            #6
            Thanks Mariner

            It was a 12 month AST expiring in March 2011.
            We were notified by his care manager that he was going into supported accommodation in January 2011 and that all outstanding rent would be repaid; however this has not happened.
            We have been in regular correspondence with the care manager throughout this time. We consulted the letting agent who informed us that the T would be liable for rent until such time as a new tenant was found; new tenants found in Feb 2011.
            The care manager is organising a return of the deposit money through the DPS; what I want to know is can I still chase the guarantor for still outstanding rental money.

            Comment


              #7
              What is the point of having a Guarantor if you dont ask them for any rent shortfall. I would be inclined to work out how much rent was outstanding up to when you re-let it and send a demand to the Guarantor, and wait to see what happens. When you mention the care manager is organising a return of the deposit money why cant you take your rent out of that.

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