Starting a court claim: pursue ex tenant or their guarantor?

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    Starting a court claim: pursue ex tenant or their guarantor?

    Hi all, I've had a tenant abscond with no notice, owing rent. I have advised them by letter that unless payment is made, legal action will be taken to recover the debt. I have also written to their guarantor advising that they may be liable. Neither have responded.

    Do I now submit a claim against the ex tenant, or the guarantor? Or both? With the cost involved in submitting the court papers, I want to get the right one first time.

    The property is in Scotland, if that makes a difference.

    #2
    Use the Tribunal- it's free
    https://www.housingandpropertychambe...apply-tribunal

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      #3
      Pursue both, jointly: As long as you are confident the guarantee will stand up. Where did you get it from?
      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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        #4
        Originally posted by theartfullodger View Post
        Where did you get it from?
        Do you mean the guarantor form? It was from one of the landlord forums, a while ago so can't remember where. Fairly confident on the form standing up.

        Thank you for you feedback, both.

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          #5
          Originally posted by molsfan View Post

          Do you mean the guarantor form? It was from one of the landlord forums, ....................
          Was it specifically to comply with Scottish requirements or just some random English guarantee?

          For an example of some guidance
          https://scottishlandlords.com/download/14095/

          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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            #6
            Hi theartfullodger it was specifically for Scottish requirements; thanks for the link will bookmark.

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