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Question

Preventing Controlling and Recovering Rent Arrears (England)

Is the debt with the tenant or guarantor?

8 Feb 2017 | 1 comment

A previous tenant left with arrears and subsequently defaulted on an agreed repayment plan. I have written to her guarantor who has also failed to respond to my letter and timescale stated for payment to be received. I now need to start legal action, but is my action against the tenant or guarantor? The debt is below £500.

Answer

1 Comment

  1. guildy

    You should sue both of them together on the same form. In order to establish a guarantors liability, you have to first establish what the tenant owes. By suing them jointly, this is dealt with.

    Please see here for our small claims guidance.

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