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May, 2017

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  1. #1

    Default Evicting a tenant with a guarantor

    Hi All, new poster here,

    I have a new tenant who is in arrears by three weeks already. He has a 12month AST which began in March. He has ignored my text messages and emails. I have sent a rent arrears demand
    letter to him (after 14 days) and to his guarantor (father) which has been ignored by both.

    I believe the tenant has no intention of paying so I would just like to get him and daughter out asap before it gets too expensive.
    I intend to send a Final Demand letter next week and then serve a Section 8.

    I think I have made a big mistake by giving the Guarantor Agreement to the tenant for his father to sign. He gave it back to me signed but with no witness. I failed to notice it.
    Does this make the GA void? When I try to recover the rent should I forget the guarantor? Also because of the oversight where does this leave me when I try to evict him?

    Thanks for any advice..

  2. #2
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,334

    Default

    If the guarantor agreement is a deed, it isn't valid if it isn't witnessed.
    If it's not a deed, witnessing it probably isn't an issue unless the agreement specifically says it's necessary.

    I'd suggest that the signature might be a fake.

    If I were you, I'd wait until the tenant owes enough rent to satisfy ground 10 (which is eight weeks if the rent is paid weekly).
    That's a mandatory ground at least.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

  3. #3
    Join Date
    Aug 2010
    Posts
    2,744

    Default

    The guarantee (which has to be a deed to be worth much at all) is worth absolutely zip.

    Even if it was witnessed it would still likely be worth zip. YOU need to be able to contact the witness to appear in court, and have that witness agree to testify, and have both the witness and the guarantor actually exist and the signatures genuine.

    Next time if you want to do this it is:

    Guarantor comers along to YOUR solicitors office (armed with proper photo ID and the deeds to their house), the solicitor witnesses and the tenant pays the fee for the whole exercise.

  4. #4

    Default

    AndrewDod,

    Thanks for your advice. I won't be letting to anyone with a Guarantor again!

  5. #5

    Default

    jpkeates,

    I think the signature IS a fake. It could be an expensive mistake on my behalf. Thanks for the input.

  6. #6
    Join Date
    Mar 2009
    Posts
    16,475

    Default

    8 weeks / 2 months owing is ground 8. g10 can be issued if only 1p is underpaid for only 1 day (& may prompt tenant, may make him think you know a bit..)

    Next time, 6 months not 12 months!
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  7. #7
    Join Date
    Apr 2017
    Location
    Gloucester
    Posts
    7

    Default

    Remember with a S8 using Ground 8 as reason that the tenant must be in at least 2 months arrears both on the date that the notice is served and on the date of the court hearing! Many tenants if they seek any kind of advice will be advised that they only need to be a £1 under the 2 months for the case to fail!

  8. #8
    Join Date
    Jan 2011
    Posts
    6,811

    Default

    s8 g8 is Mandatory ground. g10 is discretionary.
    s8 g8 requires 2 month rent owing, not 2 months in arrears,.

  9. #9
    Join Date
    Mar 2009
    Posts
    16,475

    Default

    Hate to be pedantic but...

    F\or weekly, fortnightly or monthly it's "unpaid"

    All quarterly or annual rent, "arrears".

    Note, 4-weekly rent payable not mentioned at all...

    See

    http://www.legislation.gov.uk/ukpga/...ading/ground-8
    Ground 8

    Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—

    (a) if rent is payable weekly or fortnightly, at least [F1eight weeks’] rent is unpaid;

    (b) if rent is payable monthly, at least [F2two months’] rent is unpaid;

    (c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and

    (d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;

    and for the purpose of this ground “rent” means rent lawfully due from the tenan
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

  10. #10
    Join Date
    Aug 2010
    Posts
    2,744

    Default

    Quote Originally Posted by eastcoastorn View Post
    Thanks for your advice. I won't be letting to anyone with a Guarantor again!
    Yup. Not wanting to rent to risky tenants is good business sense -- and a consequence of the inability to (easily) evict tenants in breach of contract. If you could easily do so you would take a chance on people - most of whom are decent and honest.

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