Want to Take Guarantor to Court

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    Want to Take Guarantor to Court

    I have a tenant who has left and not paid outstanding rent. The tenant's mother is guarantor and I want to take her to court to recover the rent. Can I summons her and is there a chance she will pay up or am I wasting my time?

    If your Deed of Guarantee is watertight you can use the MCOL route if the claim is for less than £10,000, in the normal way you might want to recover any outstanding debt.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      Thank you for your reply. What happens if the tenancy agreement hasn't been witnessed - does it make it null and void.


        I think it's the Deed of Guarantee that needs to be witnessed isn't it?

        However, whatever the witnessing situation, you can always try a 'letter before action' to the mother and see if she pays up.


          I have had guarantors written into the tenancy agreement that have been signed but don't need to be witnessed is my understanding but they have the problem of contract law requiring the guarantor to get something out of it. I think they get a tenancy agreement granted to a family member who wouldn't otherwise have been granted it but some say this isn't enough.

          If you execute as a deed this needs to be witnessed but has the problem that it isn't integral to the tenancy agreement and so the guarantor can claim at a later date they didn't see the tenancy agreement before signing.

          In any event if it's outside of the fixed period then I think people have had problems trying to enforce it thought the courts. I now refuse to take anybody who needs a guarantor as the courts don't seem to like them very much, which is a shame but there you go.


            Surely take court action against (same action) both tenant & guarantor.

            If your paperwork is not correct (eg not a deed..) you may still get judgement if tenant/guarantor do not defend or judge not on-the-ball re guarantees..

            Simply uttering an LBA then draft court papers may get the result you want (from either of them..)
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


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