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11 Comments
There shouldn’t be any need to do MCOL because your order should also contain judgment for the arrears. The order will only be against the tenant and not the guarantor though.
If you wanted to sue the guarantor, you could do a MCOL against the guarantor only.
Otherwise, you could just enforce the order you already have against the tenant for which please see here
Hi Guildy, when I left the court the judge left the amount of rent owed open as the tenant was under a possession order so the final figure could not be ascertained. So, am I to tell the court the final figure now owed or will they use the original figure and the extra up to the possession date. It seemed to be left quite open at the end of the court adventure. I will go to the guarantor for the arrears. I have used your first and second letters without reply, so can I now go straight to MCOL or is there any other protocol I have to follow.
It will have been open ended because there will have been an amount due on the day of the hearing and then a daily rate (as inserted into the form) until possession is actually obtained. The wording of the order should somehow reflect this.
For pursuing the guarantor, there is a special pre-action protocol letter that must be issued before MCOL proceedings, for which please see here.
Hi Guildy. So do I have to contact the court with a final figure up to the date they vacated the property please.
No, you would just insert the final figure in any enforcement forms (e.g. attachment of earnings form)
As we are now going for the guarantor as the tenant is penniless so isn’t worth chasing how will the court know how much the CCJ is.
or, do we still pursue the tenant as well.
What’s the wording on your order (excluding names and address information)?
On the order it states claimant possession on 7th December.
And it is adjudged that the claimant recover sum of £1935 fro debt and interest up to date of judgment and £325 for costs amounting to £2260. And at daily of £21.21 for use and occupation until possession.
It also says the claimant will send you a copy of the bill of costs with a notice telling you what to do if you object to the amount. If you do not pay the money owed when it is due and the claimant takes steps to enforce payment the order will be registered in the Register of Judgments, Orders and Fines.
So that’s the amount you have for the order and can enforce – £2260 plus £21.21 x number of days until you got possession from date of order. That will also be the amount that can be claimed from the guarantor.
Hi guildy, I am trying to fill out the pre-action letter of claim to the guarantor but are a bit confused with the one paragraph. ‘the amount outstanding arises from the written (tenancy)(guarantor) agreement’ – Do I cross out (tenancy) and just leave (guarantor).
Then – ‘between you (the tenant)(guarantor) and us (the landlord)’ – Do I cross out (the tenant) and leave (guarantor) and insert his name and the landlords name.
Thanks
Just leave in the part about the guarantor agreement. We suppose technically the guarantor amount is as a result of the tenancy but the pre-action letter is directly targeting the guarantor and not the tenant.
You cannot pursue the tenant further because your order should already cover that and you can’t get two judgments covering the same debt (see our reply to earlier question).