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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I have a tenant who I have served a section 21 notice

Resolved Question:

Hello

I have a tenant who I have served a section 21 notice to quit in April 2014, there are rent arrears dating back from April 2011 , we have not pressed payment as the partner claimed to be terminally ill and we did not feel it appropriate, it transpires that the illness 3 years on was a slight fabrication so morally we feel we can try to retrieve the outstanding balance. We also have a guarantors agreement signed in 2007

My questions are

1. Are we permitted to advise the guarantor or the outstanding debt and remind them of their legal obligation to pay?

2. Can we claim arrears dating back 3 years

Kind regards
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

1. Yes you can pursue the guarantor and/or tenant

Alex Watts :

2. You have 6 years to claim for arrears under the Limitation Act so yes you can

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks Alex
Customer: thanksAlexThanks
Customer: alex
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


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Customer: Thanks Alex, can I send the letter to the guarantor as a heads up on what may happen and remind them of their legal responsibility? Or should I wait to see if the rent arrears are paid?
Alex Watts :

Yes notify the guarantor as they may put pressure on the tenant.

Alex Watts :

Does that help?

Customer: Yes it does thankyou
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