Ask an Property Solicitor. Get an Answer ASAP.
My name is Jef ************ have just received a letter from a lawyer representing a company thet rents out property. JA: Where are you? It matters because laws vary by location. Customer: sorry sent too soon JA: What steps have you taken so far? Customer: Tunbridge Wells Kent JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: I was guarantor for the person in arrears some 5years ago now she has defaulted in the sum of £26000 inc fees they have given me 30 days to pay or defend in court
Hi Jef, thanks for the question. I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.
This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.
I’m very sorry to see the position you find yourself in. Is this the first time you have heard of the money they say you owe?
I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer.
As a guarantor, until you are released from that position, you are always liable for the failures of the tenant. You should try and obtain, if you don’t already have it, the documentation that you signed up to in your role as guarantor. You will then see the provisions that you have guaranteed. Undoubtedly, it is the rent. Unfortunately, you are therefore still on the hook for paying and they have a right to ask you for the money. They also have a right to take you to court as a party to the agreement.
It does not prevent you from going after the tenants by way of recouperation of the money that you may have to pay out.
I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope the matter gets resolved.
Thanks for the additional information. It is very much based on what you considered you were signing up for. It will stem from the actual agreement - I presume that you have a copy of that - and the intentions behind it. They can't hold you as guarantor on different terms which appears to be the case here.
Could you open a new thread through my profile by clicking here. Thanks. I can then assist further.