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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71039
Experience:  Over 5 years in practice
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I acted as a guarantor friend in April 2010. He repeatedly

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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?
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you get the summons?
Customer: replied 2 years 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.

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?
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