Small claims court - cite tenant or guarantor for unpaid rent

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    Small claims court - cite tenant or guarantor for unpaid rent

    A unmarried couple rented our house and separated during the tenancy. They eventually left the house owing one month's rent.
    One of the tenants has a guarantor for her tenancy costs ( joint and several agreement ) the other tenant has gone awol and won't provide an email or postal address. The guarantor has been made fully aware of the problem and that we are calling on him as guarantor, and I have given him a final notice to pay the rent by today.
    I would like advice about my small claims court application, do I cite the guarantor when I submit my claim or at this stage do I cite the tenants.
    Also as I don't have the address of the awol tenant do I omit his details from the claim or add an explanation about his involvement when I submit my supporting document.
    Or what else should I be doing to recover the debt?
    We have a deposit but that is needed to cover the damage they have caused to the property.
    Many thanks

    #2
    Have you applied and received the deposit back in full from the deposit scheme and did the tenant fully agree with the deductions? Did you claim it based on the rent arrears or the damage?

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      #3
      I have notified the TDS that the deposit is needed for repair but I need confirmation from the tenants ( which we are unlikely to get) that they will allow TDS to release the deposit to us. We have an independent check out report confirming the damage, with photos, but this will be another battle I am sure as both tenants have contact me this week asking for their deposit back.

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        #4
        I would personally await the outcome from tds incase you need to add to your claim.

        If the tenant disputes the damage and wins somehow, then the deposit will at least cover your arrears.

        If your tenancy agreement agrees then you can use the deposit to cover the rent

        Which is greater the cost of repairs or thr outstanding rent?

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          #5
          Good idea but if I do need to make a claim in the Small Claims Court to whom do I address the claim ie is it the guarantor or the tenant or both parties?

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            #6
            Whoever you have addresses for. And each tenant, and hence the guarantor is responsible for 100pc of the rent, not just their half

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              #7
              You can serve notices to the tenant who has not given a new address to the last address you have for them, which is the property they rented from you (getting their mail forwarded is their problem not yours).

              What the guarantor is liable for depends on the wording of the agreement, personally, I'd be tempted to sue the tenants jointly.
              If the tenant with a guarantor doesn't pay after that, they, hopefully, have a liability that is covered by the guarantor agreement and you can ask them to pay that.
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                #8
                Thank you very much for all the replies.

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