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Hi i needs some help if at all possible ?

 

a friends dad has been served a court summons for rent arrears as he was the guarantor on the agreement.

 

However he was not ever made awear of the situation until the letter arrived last week.

 

as the arrears started to occur in DEC 2007 and no section 17 was ever issued to the tenant or guarantor does the guarantor still have to take responsibility. The tenant wants to take full responsibility for the debt ?

 

Any advise would help. i have found this but am not sure if it applies or really understand it ?

 

2. Waiver of Forfeiture

Secondly, as a practical point, ensure that your accounts department or managing agents are alert to the fact that, by accepting part payment of invoices or selective payments of small invoices, they could be inadvertently waiving your right of forfeiture. Make sure that there are steps in place to account for this.

3. Section 17 Notices

With landlords, the key point in any arrears situation is not to ignore them. This may sound obvious, but letting a tenant promise you that “the cheque’s in the post” can let matters drift significantly and may jeopardise your ability to fully take advantage of your remedies when serving section 17 notices. Section 17 notices need to be served on old guarantors. That is, any guarantor to an authorised guarantee agreement as soon as the tenant is in default and within six months of the payment becoming due. If you have a choice of guarantors, carefully consider which one would be the better one to pursue as, once this guarantor is pursued, an overriding lease will be in place and you will be stuck with the guarantor as your direct tenant.

any help would be really helpfull x

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S. 17 only applies to the guarantor of a "former" tenant. In other words if the tenant who is in default is the first tenant S. 17 will not help.

 

All is not necessarily lost though. Post the wording of the guarantee.

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