How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7080
Experience:  Solicitor
Type Your Property Law Question Here...
Jamie-Law is online now

I was a guarantor for a tenant from jul 2012 to feb 2015.

Customer Question

i was a guarantor for a tenant from jul 2012 to feb 2015. The person moved out of the property on feb 2015.
i have received an letter from the landlord today ask me to pay outstanding rent the tenant not paid totaling £4600 because he cannot locate tenant and because i was the guarantor.
i have asked why i was not contacted when tenant left but they have not replied.
what rights i have they are threating me with court action.
Submitted: 6 months ago.
Category: Property Law
Expert:  Jamie-Law replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

Were you ever released as guarantor? Did the agreement say you had to be contacted?

Customer: replied 6 months ago.
I am not sure this was back in 2012 I can asked estate agents for shorfhold agreements and guarantors agreements
Expert:  Jamie-Law replied 6 months ago.

Unless the guarantee says you must be contacted then they do not have to.

They have 6 years from 2015 to issue proceedings against you for breach by tenant. They do not have to inform you of it beforehand unless it says so.

If they can show there were arrears then sadly you are liable.

So you can ask for a statement of account.

If there are arrears, then you are liable.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 6 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! Thank you.