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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 435
Experience:  Expert
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I am guarantor for a tenancy agreement for my daughter and

Customer Question

I am guarantor for a tenancy agreement for my daughter and her ex partner. My daughter handed her notice in August. Her ex partner has remained in the property and is in rent arrears. A section 21 has been issued. Is it best to pay the arrears now or will I remain liable until it goes to court?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: None legally
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don’t think so
Submitted: 10 days ago.
Category: Law
Expert:  Lawry replied 10 days ago.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry you are experiencing this difficulty.

You will remain liable until the tenancy has ended or the arrears are paid up.

As you have provided a guarantee, you are liable for any arrears if the landlord chooses to go after you rather that the tenant.

A section 21 notice, is a no-fault notice that does oi task for arrears.

Even if a possession order is granted the order will not provide for the arrears and it will remain open to the landlord to chase you later under new proceedings for the debt.

In the circumstances, if you are minded to pay now to get rid of the problem you should do so.

If not, you can wait until a claim is made if at all.

Customer: replied 10 days ago.
Thank you, ***** ***** been advised that section 21 has been served and a section 8 will be as well. If I make full payment will I also be responsible for court costs and will a default/ CCJ be registered against me. I have been told that I am responsible for rent payments until 4 th Jan 2022.
Expert:  Lawry replied 10 days ago.

The section 8 will claim the arrears so you will be liable unless there is an existing agreement with the landlord saying something different.

It will depend on the terms of the guarantee agreement but generally yes, if you are sued for the arrears that will include court costs and failure to pay could result in a CCJ being registered against you.

Customer: replied 10 days ago.
Thank you once I make payment can I then get my name removed as guarantor?
Expert:  Lawry replied 10 days ago.

With the agreement of the landlord yes, depending on the guarantee agreement but once you have paid there will be no reason to remain a guarantor, so yes.