Guarantor’s point of responsibility?

Guarantor’s point of responsibility?

11:02 AM, 28th March 2022, About 2 months ago 11

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One of our tenants is 2 months in arrears and we have served the appropriate notices.

However, there is a guarantor in place for this tenant.

My question is at what point can we look to the guarantor to cover the rental payment arrears?

Do we however have to wait until we have a Court Order?

Any assistance from landlords experienced in dealing with guarantors and rent arrears would be greatly appreciated.

Stuart



Comments

by David Judd

12:30 PM, 28th March 2022, About 2 months ago

You should have done it already. 2 months behind it too late, I would have done it after the 1st month. The longer you wait the more you lose

by Mike in Worthing

12:34 PM, 28th March 2022, About 2 months ago

You don't have to wait. Notify the guarantor because the longer you leave it the harder it becomes to enforce the guarantee. You should check with the Land Registry that the guarantor owns their house. Ultimately a charge on that property secures payment to you. Guarantors will know this and may pay the arrears rather than face a court claim.

by Christopher Holden

12:49 PM, 28th March 2022, About 2 months ago

I have also learnt to keep in touch with the Guarantor, a tenant hid the fact her Guarantor (Grandfather, lovely honest man) had passed away over a year ago (then), everything went into his wife's name, I had no agreeement with the Grandmother, took the tenant to court for damage and rent and won (half of the damages claim) tenant never paid, ccj did not make up for it imo :/

by Rob Crawford

17:30 PM, 28th March 2022, About 2 months ago

Keep the Guarantor informed of any misdemeanours. Make sure the tenant is aware of this. It often acts as a good deterant!

by Peter Hindley

18:47 PM, 28th March 2022, About 2 months ago

Slightly off topic but I had an interesting experience with a Guarantor. Tenant in arrears & I had Rent insurance. The lawyers they engaged pursued the Guarantor, but the Guarantor said he was only vaguely acquainted with the Tenant. Legal advice was not to pursue the Guarantor, so the Insurance company paid me in full. I was stunned, but happy.

by Stu Lu

19:48 PM, 28th March 2022, About 2 months ago

Reply to the comment left by Peter Hindley at 28/03/2022 - 18:47
So if the guarantor claims to be "only vaguely acquainted with the tenant", or similar, they should not be pursued? Maybe the lawyers decided that insurance was a better option?

by Mohammad Mallick

12:37 PM, 29th March 2022, About 2 months ago

we keep updated guarantor once tenants will make delay more than two weeks. Normally things sort out once the guarantor put pressure on tenants. However, it's better to explain the guarantor's liability and responsibility before signing a guarantor paper. Some guarantors are tricky and always try to skip the situation and give unawareness of their responsibility.

by Peter Hindley

19:01 PM, 29th March 2022, About 2 months ago

Reply to the comment left by Stu Lu at 28/03/2022 - 19:48
I just thought that they couldn't be bothered.

by JB

10:41 AM, 2nd April 2022, About 2 months ago

Reply to the comment left by Peter Hindley at 28/03/2022 - 18:47
So the tenant and guarantor get away with it and everyones insurance goes up!

by Yvonne Francis

12:42 PM, 2nd April 2022, About 2 months ago

You don't mention what sort of tenancy you have. If it's a shared tenancy with a joint and severally liable lease then all the tenants and their guarantors should be involved which is a great protection for the landlord. I always involve the guarantor if my rent was more than two weeks late. Luckily I have never had to go beyond that, but if I did I would involve all the guarantors or at least, if I had to go to court, as many as I could, which I think is the first four on the lease, even if that's not the tenants who has not paid, I always put the ones with the most expensive houses on the top of my list of tenants. I alway check if my guarantors are house owners. However if yours is a single tenancy then the process is just the same but with just one. I was always of the belief that if you went to court you must prove you have billed them so that would involve the guarantor anyway. I have students so a guarantor is critical. You don't say what sort of tenant you have and exactly why you needed a guarantor? 

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