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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11244
Experience:  I have been practising for 30 years.
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Thank you. Assistant: Where is this? It matters because laws

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Hi, thank you.
Assistant: Where is this? It matters because laws vary by location.
Customer: england
Assistant: What steps have been taken so far?
Customer: I wanted to ask, I stopped being a guarantor on 31st July 2018 for a friend.. I am now being chased by her landlord for money to cover costs of cleaning of the flat, she moved out last week.. can they do that if I’m no longer her guarantor? Thank you
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Can they take me to court and issue a CCJ? I have an outstanding credit rating and would be most upset.
Assistant: Have you talked to a lawyer about this?
Customer: Not currently, I’ve received calls today hence trying too seek advice, thank you.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not currently, thank you

Good afternoon. I will assist with your question but need more info - also this is an email service and therefore maybe delayed in replyig.

what do you mean by 'stopped being a guarantor?

have you seen the tenantcy agreement as to your liabilty?

what are you being asked to pay?

Customer: replied 7 days ago.
Thank you. I was her guarantor for 12 months only, I signed a contract for this period. I decided not to sign a new one as could no longer do this for her, she had to then leave the flat as she could not find another guarantor..
Customer: replied 7 days ago.
I’m being asked to pay £1.224 for cleaning of carpets and rubbish disposable
Customer: replied 7 days ago.
She has sent me pictures of how she left the flat, in good condition. The landlord have sent me awful pictures, she has stated that the flat was accessed by a neighbour who then left it in an awful state?

It would be most unusual for a guarantor’s liability to end abruptly at the end of the 12 month period.

Having said that, assuming that it does, then the guarantor’s liability doesn’t end per se but still applies up to the point the guarantee ended.

Hence, the guarantor would be liable in those circumstances for any damage which happened up to the date the guarantee finished.

I don’t know why the neighbour accessed the property but assuming that your daughter can prove that the photographs were taken at the end of the tenancy and not when she moved in, I cannot see for one moment how the landlord could take this matter to court and succeed.

I don’t know if you have raised the issue with the landlord of the neighbour accessing the property and whether you have sent the photographs showing the condition that it was in at the time your daughter left. If not, I suggest that you sent them now along with an appropriate covering letter. I can see no reason to hold back on that.

Back to the issue of your credit history, if the landlord did take you to court and even if the landlord did succeed against you (which seems unlikely) then provided you pay any judgement within the time mentioned in the judgement order, then it doesn’t get registered against your credit history. In circumstances like that, to make sure that he doesn’t get registered and it doesn’t get overlooked, I always suggest that if there is a judgement against a person, they pay it in court on the day.

If it wasn’t possible to do this, then anyone who have had a dispute and lost would be at risk of having their credit history trashed and that’s why provided it’s paid within the timescale, it doesn’t get registered.

However I reiterate that with such outstanding evidence as your daughter has, it would appear to be somewhat remiss of the landlord to stumble blindly to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

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