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Category: Property Law
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Have just received a letter from a lawyer representing a

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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

Customer: replied 13 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 13 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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.

ChrisB4147 and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
Hi Chris I understand what you say but its not quite as clean cut as that, i signed guarantor as 1 year in rental payments was paid in advance, i was under the impression it was a years contract so there would be no risk in arrears.
the tenant is Daniel and i was dating her mother at the time, we separated some 6 months later i had no more to do with the family.
after 1year was completed the rental company AHGR changed the contract by accepting monthly payments from Daniel direct and further increased the monthly rent, i would not have agreed to continue to guarantor after this period.
AHGR informed Daniel they would issue another agreement for her to sign but never did.
AHGR later informed Daniel as nothing had changed to the original agreement i was still guarantor and it could carry forward for 6 years, I have since been informed legally as the payment details and rent amounts had changed from my original signing i was released as Guarantor with no further agreement signed after the first 1 year advance rent payment.
Does this change my position as they are taking me to court with 30 days to respond to their demands for payment in full.

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.

Customer: replied 1 day ago.
Hi Chris I have further questions on the subject as things have moved on since last and i am getting conflicting information from the Solicitors clients not sure if they are trying to bully me

Could you open a new thread through my profile by clicking here. Thanks. I can then assist further.