CCJs and Making a Claim

CCJs and Making a Claim

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S6PNJ

Original Poster:

5,179 posts

281 months

Tuesday 20th August 2013
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The perpetual ongoing saga that is being a landlord rolleyes. I had a tenant who occupied my property but due to their financial state, they had a rent guarantor. Sadly, said tenant left said property in a right state and I have now won my CCJ against the tenant. Sadly (again), the tenant hasn't paid in the allotted time so I now need to start to chase the tenant for the remainder of the outstanding balance. When the tenant took possession of my property, I had a rent guarantee; paras of which read:

Para 2 said:
This Guarantee shall continue until the Tenants shall deliver up possession of the aforesaid property and extend to the default of the Tenants during that period it shall not be revocable or discharged by my death or the death or bankruptcy of the Tenants and without prejudice to the foregoing provisions of this clause this guarantee shall not be discharged by your giving the Tenants time in which to meet the rent under the said tenancy agreement.
Para 3 said:
If the said tenancy agreement shall be assigned with your consent or shall be terminated by agreement or by re-entry or disclaimer or otherwise all future liability
on my part shall cease.
As the tenancy has now clearly ended, can I still call on the guarantor due to the "extend to the default" phrase or is the guarantee pretty much worthless?

Sarnie

8,040 posts

209 months

Tuesday 20th August 2013
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Call the guarantor's bluff!

Simpo Two

85,343 posts

265 months

Tuesday 20th August 2013
quotequote all
If the debt is over (I think) £600, escalate to High Court.

Do they have a car?

S6PNJ

Original Poster:

5,179 posts

281 months

Friday 29th August 2014
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Just to close on this one - I escalated to the High Court through the Sheriff's office and I'm happy to say the errant tenant paid up in full before the Sheriffs attended. Result!