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Question

Preventing Controlling and Recovering Rent Arrears (England)

Guarantor Refusing To Pay

11 Oct 2016 | 1 comment

Hi

I have a property where a tenant has been for four years – now on periodic tenancy. There is a guarantor in place – the tenants mum. Rent it late and guarantor is saying that she is no longer in a position to be a guarantor as she cant afford it. Where do I stand? Thanks

Answer

1 Comment

  1. guildy

    Guarantors almost always say this to being with!

    I am confident in the end with a little time and work, you will get paid.

    I think the best thing is to stop the debt rising as quickly as possible by serving notice on the tenant and obtaining possession.

    Keep chasing the guarantor during this period as you have been (within reason) and then once you know a final amount owing, pursue the guarantor (and tenant jointly) through the court.

    Please see here for small claims guidance which includes a letter before action (not needed just yet but at some point before court action against the guarantor and tenant for the money). Once the threat of court action becomes real and they see you are serious they will usually pay even if by instalments.

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