Being Taken To Court for Arrears.

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    Being Taken To Court for Arrears.

    Hello,

    I was wondering if anyone could give me some advice with regards to a problem that has arisen.

    I'll try and explain the situation as briefly as possible.

    Me and my partner were residing in a flat for which her mother had given her details as guarantor. Due to me being involved in a incident involving the police and a pending court case i was not allowed near my flat for 2 months. Due to bail restrictions and so forth.

    I stopped paying rent towards the property and my partner moved out. The flat went into 2 months arrears.

    We left the property in July.

    My partners mother has just received a summons to court from the Agents. There threatening an attachment of earnings.

    Could someone please give me adive on the following.

    1. Is the guarantor still valid after the initial 6 month let period or does it have to be renewed.

    2. Is it possible if i contact the agents now to agree paying the amount outstanding in installments (Joint Tenancy) do they have to accept by law. Or can they still pursue her mother through the courts.

    3. Can the agents just push forward to summonsing my partners mum to court without any previous correspondence or contact.

    The last 7 months have been hell for me and ive only just returned to work after being off with stress and anxiety. I had completely forgot about this and that last thing i want is too damage my partners mothers Credit Rating.

    This would probably spell the end for me and my partner..

    Any help asap would be greatly appreciated.

    #2
    1. Ignore whether it's within or after the six months. Concentrate on whether the original tenancy (fixed term PLUS statutory continuation) is still running. If it is, guarantor is still liable; if it's not (e.g. because that tenancy has been explicitly terminated or because a new unguarateed one has been granted to replace it), guarantor is not liable.
    2. If L (acting by Agents) accepts compromise arrangements, ensure explicitly that L ceases enforcement against guarantor.
    3. Yes, although it's sharp practice.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for the speedy reply.

      Further to your answer for no.1

      Will this information be supplied on the Tenancy agreement itself.

      I do have a copy still @ home.

      You see our initial 6 month period expired in April. We were told it then worked as a roll on roll off agreement with a months notice to be given. We never paid rent in May and in June, but sent a letter at the end of May informing them we wish to move out in July.

      There trying to pursue her for the 2 months rent in may and june which were not in the initial contract signed.

      Comment


        #4
        Originally posted by Sinned666 View Post
        Thanks for the speedy reply.

        Further to your answer for no.1

        Will this information be supplied on the Tenancy agreement itself.

        I do have a copy still @ home.

        You see our initial 6 month period expired in April. We were told it then worked as a roll on roll off agreement with a months notice to be given. We never paid rent in May and in June, but sent a letter at the end of May informing them we wish to move out in July.

        There trying to pursue her for the 2 months rent in may and june which were not in the initial contract signed.
        So original tenancy (statutory continuation) is still running and guarantor's therefore still liable.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by Sinned666 View Post
          You see our initial 6 month period expired in April. We were told it then worked as a roll on roll off agreement with a months notice to be given. We never paid rent in May and in June, but sent a letter at the end of May informing them we wish to move out in July.
          Roll on roll off is usually ferries, isn't it?

          There trying to pursue her for the 2 months rent in may and june which were not in the initial contract signed.
          You are still liable for these two months even though they are outside the original six month contract.

          Peter

          Comment


            #6
            Originally posted by Sinned666 View Post

            You see our initial 6 month period expired in April. We were told it then worked as a roll on roll off agreement with a months notice to be given. We never paid rent in May and in June, but sent a letter at the end of May informing them we wish to move out in July.

            There trying to pursue her for the 2 months rent in may and june which were not in the initial contract signed.
            At the end of your 6 month fixed period, you went onto a statutory periodic tenancy, as such you are still liable to pay the rent until that tenancy is ended by given 1 months notice.
            And your guarantor is still liable to pay this rent for you if you fail to do so.

            Comment

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