Guarantor liability questions post tenancy ending?

Reply to the comment left by David Houghton at 14/02/2023 – 23:10
Even with the current court backlog?

Has his solicitor told you if there’s a CFA (no win no fee in place? Or advised he has legal aid?
If not he is self funding and has something to lose

Your obligations are on s11 of the landlord and tenant at 1985
So as long as the heating works (and is big enough to heat the flat) the gutter roof etc are all ok then there’s no basis for a claim

Also look at the pre action protocol for disrepair (probably the court website)

Reply to the comment left by Marius at 21/02/2023 – 22:41
Yes s21 and n5b does not need a hearing if all the boxes are ticked

Then separate proceedings MCOL for the money owed after getting the property back then transfer to county court/high court for enforcement

Reply to the comment left by David Houghton at 22/02/2023 – 09:17The tenant is not responding to any messages and hasn’t left the flat althought the tenancy ended a few days ago. I think he is not aware or does not care about any legal implications for himself as a tenant or the implications of his actions for myself as a guarantor.
Based on his behaviour right now I think it is likely he will not go to any court hearing, he will continue to ignore the whole process and stay in the flat as much as he can and then just dissapear or be evicted.
He mentioned to me that there is no heating and no hot water for 4 months but has no written proofs of asking the landlord to fix it, he only communicated through phone. The landlord admitted he found out in december about the boiler issues but was disinclined to do any repairs because of the arrears.
I am in a situation of not knowing whom to believe, the relationship between the landlord and the tenant has broken down due to different reasons on both sides.
I offered a settlement which was not accepted because the tenant is still in the flat.
I am hoping the reposession can be done soon so that my liability will not extend to 6-12 month from now which will be a terrible outcome.

Reply to the comment left by Marius at 22/02/2023 – 11:31
So you have an admission from the landlord the heating wasn’t working. The lack of written complaint doesn’t help him much if he knew. So you have your first lever in negotiations with the landlord once the tenant leaves

Hi,
Many thanks for all your suggestions so far.
It seems that the tenant has left however he hasn’t left the keys nor sent any confirmation that he left.
Are there any legal grounds for the landlord to get posession of the flat without a court order?
I also need to mention that the tenant has changed the lock last year and has not given the landlord a set of keys. Also he didn’t allow access for the landlord to replace the door with a fire safety door.
Any suggestion is greately aporeciated.

In short No. If the tenant does not want to go, it’s court order and possibly bailiff or Jail (then let the tenant back in anyway)

Reply to the comment left by David Houghton at 06/03/2023 – 13:41
The tenant dissapeared, but he doesn’t want to confirm that he left ( also the tenancy ended in february) and because the tenant didn’t leave at the contract end date it became a rolling tenancy. So without a written confirmation from the tenant the landlord still needs a posession order?

Reply to the comment left by Marius at 06/03/2023 – 14:23
Yes and no. If the landlord has a reasonable belief the tenant has vacated then this is a defence to illegal eviction.

Exactly what creates a reasonable belief is of course a matter of evidence. Is the tenant collecting mail, has he cleared his clothes/furniture. Or is what he left just tat.

There’s an urban myth of an abandonment notice, where you put a note saying I believe the tenant known as. .. has gone. If not please phone xxxx. After which point it will be deemed abandoned.
In an event there is nothing to stop him changing the lock (or one of the doors)and asking the tenant to phone him for the keys. Document all this. Then after some period if time you have established the basis for a reasonable belief. Store any possessions for a reasonable time.

This won’t prevent the allegation if illegal eviction, particularly if publicly funded but it will establish a defence. The Courts are not daft, tbey know when someone is trying to pull a fast one. Yes, I have do not this a few times, never any comeback even sued one for the outstanding rent

Reply to the comment left by David Houghton at 06/03/2023 – 15:40
Thanks a lot David, appreciate your help!