Is there a legal time limit before I can make demand to guarantor?

by Readers Question

14:06 PM, 3rd September 2018
About 2 months ago

Is there a legal time limit before I can make demand to guarantor?

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Is there a legal time limit before I can make demand to guarantor?

I have a tenant of 14 months who has gradually worn me down (complaints from neighbours & not paying his rent on time) to the point of issuing him a section 21 four weeks ago!

He was initially on a 6 month AST all DPS, Gas/EPC & Prescribed info etc in place and although each month we have always managed to get our rent (sometimes 2 weeks late) this being his last payment he has not paid and unlike previous months is not answering his phone or replying to text messages with all the usual excuses.

My theory is he probably thinks we will use his deposit to cover the last payment, but as the property was all brand new inside inc white goods I am reluctant to do this as this will diminish the pot to cover damages etc.

My question is as he has a Guarantor how long after his rent due date do I have to wait before asking him to step in and pay I think the Guarantor agreement states ” on demand ” I’m just looking for a bit of clarification if there is a legal time limit?

Simon



Comments

Neil Patterson

14:09 PM, 3rd September 2018
About 2 months ago

Hi Simon,

I don't believe there is a time limit as long as the rent is at least a day late, but it would depend I am sure on the contract the guarantor entered into.

Ian Narbeth

16:45 PM, 3rd September 2018
About 2 months ago

Hi Simon
Unless the guarantee imposes a requirement that the rent be X days in arrear you can claim as soon as it is late. Sometimes the threat of calling on the guarantee is enough to get a tenant to pay. As Neil implies you need to check the wording.

Mike Amapola

21:23 PM, 3rd September 2018
About 2 months ago

In the past I always advised the guarantor, about two weeks after the due date, that the rent had not been paid and that i would be looking to him for the payment. This usually meant that the guarantor would contact the tenant to chase them up to pay. It worked most times. However if it continues one should take it as 'writing on the wall' : there will be trouble ahead ! For me it came about 6 months later. Got the tenant out no problem and new folks in. However, £2,500 arrears at this stage. CCJ sought against the guarantor and got. Passed the writ of control to the Sheriffs who were unable to achieve anything . Applied for attachment of earnings and got - now 3 years down the line, payments are coming regular. Happy ? Well sort of. Due to the variable income if earnings drop below a certain figure I finish up with a lesser amount than that agreed. Moral victory . Reasons for my persistence ? I feel strongly that People who enter into any contract should be made to pay - otherwise whats the point ? It's not just the money, it won't change my lifestyle as it will take at least 7 years to pay me back, its the principal. Sorry if I digressed. Good luck

simon cheeseman

23:07 PM, 3rd September 2018
About 2 months ago

Thanks for the prompt replies and advice, with so much red tape and all the new regulations that seem to change daily i wanted to get it right !!!, so i decided to bite the bullet this morning and call the Guarantor with a softly softly approach of .......rather than him getting a demand letter through the post i am calling to make him aware that the rent was late and the tenant was ignoring my calls...........a nicer Guarantor you couldn't wish for......... he apologised on behalf of the tenant and said he would in his words " kick his ar*e " and get it sorted, he then rang me a couple of hours later and asked for my bank details and made the transfer for the full amount from his own account.....Well i wasn't expecting that outcome when i woke up this morning full of dread !!!!!!!! there are a few genuine people left on this earth.
Love this forum ......thanks for the help....... i will sleep well tonight !!!!!!!!! Simon

Mike Amapola

11:52 AM, 8th September 2018
About a month ago

Reply to the comment left by simon cheeseman at 03/09/2018 - 23:07Well done Simon, glad to hear that the guarantor responded positively. Lets hope that the tenant now mends his way. If not, and you get this problem to often, it could be time to ask him to go ( section 21 notice ? ). Good luck.


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