View Full Version : Tenant in arrears- how best to remedy?

15-12-2005, 10:00 AM
Hi there I want advice on what to do. Sorry this may be quite long

I entered in to an AST for 6months in December last year, with my brother. I was unemployed at the time and my half or the rent was paid via housing benefit. My brother had only been working for his company for 1 month so he had to get our step-father to be a guarantor. The estate agent gave me the guarantor form for my step-father to fill in but did not give a copy of the tenacity. This form was filled in and I took it back to the letting agent who they signed the witness box. In February that year my daughter died in a car accident so as you can guess life got a little difficult and as far as I know my rent was still paid on time, I few months past and my tenancy was renewed for another 6months. On November 11 I received a notice of repossession for the flat which was dated the 16th October stating that I needed to vacate the property on 17th of December, which I have now vacated. My letting agent told me am behind on my rent but has not given me a full amount that is outstanding. My step father has since received a letter at his work telling them that they are taking him to court over the outstanding amount.

I normally paid my rent in cash to the letting agents for which they gave me a receipt form a receipt book, though on at least 2 occasions I was given a with compliments slip as a receipt, which I suspect was not recorded as a payment on their accounts.

Can anyone give me advice on what I should do? I am willing to set up a monthly repayment to clear my outstanding debt to them to avoid any court action.

15-12-2005, 10:13 AM
Basically you need to discuss it with the estate agent as to repayment/amount agreements. If you can come to a mutual agreement, then you should avoid court action. However, if they are resilient to such negotiations, then there is nothing you can do - but resilience by them to this will lead to the judge being less "on their side", they are supposed to show they have tried to resolve the matter out of court first.

15-12-2005, 13:00 PM
If the guarantor was not provided with a copy of the AST (and the agent or landlord MUST prove it was) then the guarantor form he signed is worthless to anybody pursuing him for any rent arrears.

Any action will be thrown out by the court in favour of the guarantor if that is put forward as a defence.