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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi My name isXXXXX signed as Guarantor for My

Resolved Question:

Hi

My name isXXXXX signed as Guarantor for My son on a flat in December 2011, it appears that he subsequently fell behind on the rent and additional charges within 2012, eventually vacating the premisses in December 2012. Yesterday I received a letter and statement from the landlord asking for £2732.22 by 9th May. I am fully a wear that as Guarantor I am liable for his rent arrears, however this is the first contact I have had for 18 months is there a time limit that they need to contact me in for these arrears?, on the statement included is addition adjustment for repairs of £1035.00 for which I was not informed that there was damage to the flat that would result in additional cost? and therefore given time to arrange for the repairs to be completed separately.

Looking through the statement carefully the following is a breakdown:

Rent arrears : £ 1260

Late payment fees: £330.00

Service Charges: £548.42

Adjustments for repairs : £1035.00

Is there anything I am able to do? If I was to make an offer to pay this off at £100 per month do you think this would be acceptable?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Kay,

You should review the terms of your guarantee to see exactly what you are liable for under it.

I would dispute the late payment fees, service charges and adjustment for damages unless these have been agreed or unless these are expressly provided in your sons tenancy agreement.

You may pay the rent arrears as you will be liable for these under the guarantee and you may check with the landlord if they are agreeable to the monthly instalment offer which you are making.

Can I help further?

Customer: replied 3 years ago.
Thank you for the reply, is there any redress regarding the time before any information was sent through. The last entry on the statement sent was December 2012, or the fact that there has been no contact until this statement
should I have received a letter when the rent was first defaulted on,?
Expert:  UKSolicitorJA replied 3 years ago.
Hello again,

No, I am afraid unless this was expressly agreed, there is no set time period when you should have been alerted about the default.

Normally, if the guarantee was done by deed, the limitation period for making claims under it is 12 years, if it was not by deed, then the statutory limitation period would be 6 years.

Hope this clarifies.
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