Posession and Monetary Judgement - Add guarantor

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    Posession and Monetary Judgement - Add guarantor

    Hi All,

    When claiming possession on a property and requesting a monetary judgement. is there any way to add in the guarantor to the monetary judgement in order to avoid having to make a separate claim against them

    Thanks in advance

    #2
    I would be inclined to sue only the tenant. If the tenant fails to defend or turn up, you will win by default. Then have a second round against G which will turn, not on the facts of the case, but on the loss of the case and the guarantor agreement itself. I say this without any experience of the scenario.

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      #3
      I would include the guarantor as a joint defendant in proceedings.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

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        #4
        While it would make sense to follow thesaint's line, Andrew is right, at this moment in time there is no proven debt so the guarantor owes you nothing, how can you sue someone who doesn't owe anything?

        Presuming you are hoping to get your money judgement under section 8, I don't believe there is a way to jointly sue.

        How sure are you that your guarantee is watertight?

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          #5
          Our guarantee has stood up in court many times. So no worry about that.

          Andrew's suggestion is what we have done in the past and never failed to get judgement with regards to a guarantee. Obviously costs have to be paid and judgement doesn't necessarily ensure payment, plus time and bother. Therefore i want to just do this as one.
          Why do you say at this point there is not proven debt? We have no issue proving the debt. The section 8 has been served on the grounds of 8, 10 & 11, which are all arrears grounds therefore if possession is granted then by default the money has been proven to be owed and that is how the money judgement can be included in this. So i'm not sure I understand this point?

          The real query is, can the guarantor be added in as a second defendant in the case?

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            #6
            IMO only with Judge's permission.
            Have you written to G . informing him of the Ts arrears and his pot. exposure?

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