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spare
21-12-2011, 22:00 PM
Hi
I have a friend that has a tenant that I have got a possession order on for just after Xmas. She is now three months behind with rent, she is on HB and her mother that was originally her guarantor is now claiming she is a pensioner. What is the best way to try and recover the rent from either of them.
Cheers

mind the gap
21-12-2011, 22:42 PM
For the sake of clarity, is this tenant your tenant or your friend's?

Why would you have a possession order on her if she's your friend's tenant?

LesleyAnne
21-12-2011, 22:47 PM
Was the guarantor not vetted at the start to verify they had income and assets sufficient to cover missing rent? Was the guarantor agreement executed as a Deed - if not it will not be binding so you can forget that route for a claim.

Was any deposit taken at the start of the tenancy (I assume protected?) which can be used towards the rent owed?

LesleyAnne
21-12-2011, 23:14 PM
For the sake of clarity, is this tenant your tenant or your friend's?

Why would you have a possession order on her if she's your friend's tenant?

MTG, having looked at some of "spare's" previous posts, it seems they do not have tenants of their own, but act in some informal advisory capacity to help other LLs. Judging by some previous questions, it might be better if "spare" got the other LLs to post their queries here themselves, as acting third hand is ripe for confusion, chinese whispers and not getting the complete story before advice is given. I am sure you will agree, all recipes for disaster where letting is concerned!

spare
21-12-2011, 23:37 PM
I have tenants of my own, but have a friend who just won't use computers and forums etc that had got the possession order for his tenant.
Yes deposit protected.
Yes all checked out with guarantor before.
Yes executed as a deed so he says but haven't seem that yet.
Cheers

westminster
21-12-2011, 23:58 PM
Hi
I have a friend that has a tenant that I have got a possession order on for just after Xmas. She is now three months behind with rent, she is on HB and her mother that was originally her guarantor is now claiming she is a pensioner. What is the best way to try and recover the rent from either of them.
Cheers
Assuming the guarantor agreement was executed as a Deed, then your friend can bring a county court claim against the tenant and/or the guarantor for the debt if the debt is unpaid (and they have not responded to a letter before action).

It's irrelevant as to whether the guarantor's circumstances have changed in terms of your ability to claim against them and the likelihood of success, though it's possible that enforcing judgment may be harder if the guarantor has, say, lost their job or sold their home etc.

Your friend can start the claim either online at Money Claim Online or with form N1 and get the local county court to issue it. Assuming the claim is for £5,000 or less then it will be allocated to the small claims track, where court fees are low and you don't need a lawyer to represent you.