Should I contact the guarantor, prior to the eviction?

Should I contact the guarantor, prior to the eviction?

by Readers Question

Guest Author

6:01 AM, 15th May 2024, About a month ago 24

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Hi everybody, Can anybody help? I’ve issued a section 21 notice and a section 8 notice for non-payment of rent simultaneously.

My tenant owes £3,500 currently. They have a guarantor (I’m not holding much hope).

My question is this. Can I write to the guarantor ahead of the eviction date? And let them know that they’re on the hook potentially for the outstanding amount currently and more potentially by the time the tenants vacate the property?

In a bid to try and expedite the eviction, I have offered the current tenants the opportunity to vacate the property by the notice date and I will waive outstanding rent.

I was hoping that by contacting the guarantor, the grandmother, that she might be moved either to tell her wayward grandson and his wife to leave the property or (long shot) pay the outstanding rent.

What’s everybody’s thoughts?

Thank you,

John


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Comments

John Parkinson

8:51 AM, 16th May 2024, About a month ago

Reply to the comment left by Landlord Solicitor @ RSPLegal.com at 16/05/2024 - 08:00
Thank you, that was exactly my reasoning. This debt wasn’t brought about in one go. It’s been Built-up over a few years period.

Sometimes at Tennent would Making good on the payments and catching up.

I think in retrospect, I should’ve threatened to contact the guarantor a lot earlier.

Tom Jenkin

9:05 AM, 16th May 2024, About a month ago

Reply to the comment left by John Parkinson at 16/05/2024 - 08:51
All this crap about a tenant being annoyed if the guarantor is contacted is absolutely missing the point, especially if you try and take the guarantor to court.
The guarantor is there to pay the rent if the tenant fails to , but as the landlord you have a legal obligation to notify the guarantor the moment a payment is missed , it makes no difference if the tenant subsequently pays off the arrears, case law is very clear failure to notify the guarantor off any missed payments voids the contract.
Your contact could say the sky is pink , it matters not if you don't follow the process correctly.
You must inform the guarantor the moment the first payment is missed not after several months or when you start the eviction process.
Guarantors are getting alot more aware of there rights these days and are probably not worth the hassle anymore.

Landlord Solicitor @ RSPLegal.com

9:50 AM, 16th May 2024, About a month ago

Reply to the comment left by Tom Jenkin at 16/05/2024 - 09:05You do not have a universal legal obligation to notify that guarantor the moment a payment is missed, that was a clause specific to your particular guarantor's agreement (even that was 14 days according to your earlier post not immediately).
Your case does not create any wider principles other than the parties will be bound by the terms of their agreement. You were fortunate such a clause existed and you were able to avoid your obligations.
The point is look to the wording of the agreement if you want to enforce it and do not make assumptions.

Judith Wordsworth

23:43 PM, 18th May 2024, About a month ago

Reply to the comment left by Mike231 at 15/05/2024 - 15:53
He's already made several amateur mistakes.

PRS is, or should be a professional business.

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