Who do I issue a summons to ?

by Readers Question

10:52 AM, 11th November 2014
About 6 years ago

Who do I issue a summons to ?

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Who do I issue a summons to ?

I have tenants who left on a sect 21 owing 2 months rent, they had a rent guarantor who I have approached regarding this who has said that she signed this with a letting agent that we no longer use so is not liable. The tenant had been in the property for 18 months so was on a periodic notice so in my mind the existing signed agreement still stands. Who do I issue a summons to?

If I have to issue a court summons (which is very likely) do I do it to the old tenants (who have given a forwarding address of the mother who states they don’t live there) or the guarantor, or can I do both parties at different address on the same summons.



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Mark Alexander

10:56 AM, 11th November 2014
About 6 years ago

Hi David

My gut feel is just go for the guarantor, but I'd ask Mark Smith (Barrister-At-Law) first on the basis that he gives 15 minutes free advice to Property118 members - see >>> http://www.property118.com/member/?id=1945

I have invited Mark Smith to comment on this thread because you will not be the only person to have this question.

david Earnshaw

12:08 PM, 11th November 2014
About 6 years ago

Thanks Mark, I look forward to Mark Smith commenting.

Mark Smith (Barrister-At-Law)

12:15 PM, 11th November 2014
About 6 years ago

Both the tenant and the guarantor are in a joint and several contractual relationship with you and so both should be served.

David Asker

13:02 PM, 11th November 2014
About 6 years ago

I would also go after the guarantor.

You may wish to use the governments own money claim service, a guide to which can be seen here: http://thesheriffsoffice.com/high-court-enforcement/obtaining-judgment

Hopefully, they will pay but if not then you can enforce the matter using an HCEO, again a guide to which is here: http://thesheriffsoffice.com/high-court-enforcement/enforce-money-judgments

Best of luck.

Mike T

13:14 PM, 11th November 2014
About 6 years ago

I have a simular situation. Tenant in arrears but so much other debt has surfaced I would stand no chance of getting anything from her. So taking the guarantor to court - via the M.O.L service. Just waiting for notification of wether the claim is going to be disputed or not. At least the guarantor is/was a full time emplyed person so a better chance of being able to get something from them eventually. Fingers are definately crossed ! Good luck David.

Dr Rosalind Beck

14:00 PM, 11th November 2014
About 6 years ago

I would also go for the guarantor. The only time we came a cropper and couldn't pursue the guarantor was when the tenant asked for a new tenancy agreement - saying that the council insisted on it - and then about 6 months later when she stopped paying and finally was evicted, we were pursuing the guarantor when it became clear that the guarantor form no longer was valid because we had issued a new tenancy. That doesn't apply in your case as they still have the original tenancy agreement, so hopefully the guarantor should still be liable.

David Asker

14:55 PM, 11th November 2014
About 6 years ago

If you need any help finding the guarantor drop me an email and I'll trace them for you FOC.

Good luck.

Romain Garcin

15:00 PM, 11th November 2014
About 6 years ago

What about going after both the ex-tenant and the guarantor jointly?

Landlord Geoff

15:33 PM, 11th November 2014
About 6 years ago

Reply to the comment left by "david Earnshaw" at "11/11/2014 - 12:08":

If you are at LCC Landlords Conference on Thursday look me up


david Earnshaw

16:27 PM, 11th November 2014
About 6 years ago

The guarantor is looking like the best option as while at the house today we had a visit from the bailiffs to remove goods for a ccj against council tax so I am guessing other debts will start to appear.

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