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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70188
Experience:  Over 5 years in practice
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I acted as a guarantor friend in April 2010. He repeatedly

Resolved Question:

I acted as a guarantor for a friend in April 2010.
He repeatedly defaulted on payng his rent over the past 5 years.
In April 2015 the landlords took action against him and evicted him from their property. He had accumalated >12 months arrears.
They have now obtained judgement against me for >£10k of unpaid rent and accumalated charges as his guarantor. He does not have the resources to pay anything at the moment.
What grounds have I got to make an appeal against this judgement?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you get the summons?
Customer: replied 1 year ago.

I attended a summons in July and the case was sent to county court in Staines on 14th October 2015.

I went up that day but inadvertently got delyed so missed the proceedings by 1/2 an hour.

I received a 'General Form of Judgement or Order' yesterday stating that the Claimant recover against the defendent the sum of £9,744.54 and interest of £355 (total £10,079.54)

The Ist defendent is Mark Solomon - the tenant of the flat who defaulted on paying the rent.

2nd defendent - me who acted as his guarantor 5 years ago.

In my original written submission to the court I argued that Mark Solomon had defaulted on his tenancy in the first year and the agent allowed him to stay on. Furthermore the agent allowed Mark to accumalate a staggering 12 months arrears without taking action earlier. Surely the agent/landlord should be culpable for this inaction and complacency.

Expert:  Jo C. replied 1 year ago.
Not really.
I'm really sorry but you are liable. There is no way around it. It is not your fault but life isn't fair. You signed a guarantee and the tenant has defaulted.
The landlord doesn't have to act faster. There is no defence in saying he did not.
On these facts I'm afraid I can see no basis for an appeal.
You can recover by suing the tenant if you have to pay out under a guarantee.
Sorry but i can only give you truthful information.
Can I clarify anything for you?
Jo
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