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Question

Preventing Controlling and Recovering Rent Arrears (England)

Enquiry re claiming arrears

12 Jul 2018 | 1 comment

Hi I have a situation where my tennant has moved out without paying arrears and despite numerous attempts asking for rent nothing is forthcoming, although I have his new address I expect this is temporary so want to get an order against the guarantor to have rent paid so my questions are:
A) can I go to court directly to get an order for the guarantor to pay or is there something further I have to do with the ex tennant first
B) What documents do I need to complete to get an order from the court to order the guarantor to pay
C) what documents do I have to show to the court to get an order for the guarantor to pay
D) The ex tennant also left the house in such a state that we have had to have bins cleared, the house painted can we pursue him for unreasonable damage to the property / failure to leave the property in a fit state e.g he removed toilet lids, painted half of the stairs only up to the height he could reach, etc
Thank you

Answer

1 Comment

  1. guildy

    In order to establish the amount a guarantor owes, you must first determine what the tenant owes. The correct way to do this in your case is to do a single claim against both tenant and guarantor jointly.

    If there was a deposit, you can claim that until used up leaving you a balance owing. Also, in the deposit prescribed information, there has to be an “address to be used at the end of the tenancy” so you should use that for the tenants address. You will already have the guarantors address.

    You will need to first send a “letter of claim” to them both outlining the amounts due and including all paperwork (e.g. invoices for work done and rent schedule). If there is no contact after the letter, you could bring a small claim.

    Full guidance is available here including the initial letter of claim.

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