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Hello All.

 

My first post and I hoped it wouldn't be a cry for help but that's life.

 

Not an easy one this so any help much appreciated.

 

I received a letter stating that I as a guarantor for my ex-wife should contact my ex-wife who rented a property some months ago to make arrangements to pay for outstanding arrears and repair charges as soon as possible. They included a list of all the charges.

 

On the same day my ex-wife received an almost identical letter asking when will payments be made?

 

The questions I have are these:

 

1. Should the letting agency have first contacted the ex-tenant to see what payment arrangements they were going to make before contacting me?

 

2. Can the letting agent demand the money in full either from my ex-wife or from myself or be required to accept monthly payments due to the former tenant not having the full amount to pay in one go?

 

3. Would 2. discharge any responsibility of the guarantor if such an offer was made by the tenant and payments were made?

 

4. Should I as guarantor have been given a copy of the original agreement?

 

5. Is a guarantor liable for letting agent fees such as charges being made to the tenant for correspondence relating to the arrears?

 

6. If the tenant did not pay the arrears or if the letting agency declined any part payment who would the agency take to court in the first instance - the ex-tenant or the guarantor?

 

7. Should not the letting agent have had insurance to cover any damage allegedly done by the tenant?

 

Any suggestions as to the next steps to take?

 

Sincere thanks for any advice.

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I received a letter stating that I as a guarantor for my ex-wife should contact my ex-wife who rented a property some months ago to make arrangements to pay for outstanding arrears and repair charges as soon as possible. They included a list of all the charges.

 

On the same day my ex-wife received an almost identical letter asking when will payments be made?

 

The questions I have are these:

 

1. Should the letting agency have first contacted the ex-tenant to see what payment arrangements they were going to make before contacting me? TheLL/MA has a duty to keep the G informed as T liabilities accrue. Gs can often 'persuade' Ts to pay.

LLs etc will approach T first for payment. It may be obvious T can't or won't pay though.

 

2. Can the letting agent demand the money in full either from my ex-wife or from myself or be required to accept monthly payments due to the former tenant not having the full amount to pay in one go?

LL/MA has no obligation to accept staged or monthly payments. The debt is due & payable in full.

 

3. Would 2. discharge any responsibility of the guarantor if such an offer was made by the tenant and payments were made?

G would remain resp for any unpaid debts, esp if T defaults on agreed payment sched.

 

4. Should I as guarantor have been given a copy of the original agreement? You should have had opportunity to read the AST to fully understand you liability, before signing as a G. I don't think there is a requirement to give you a copy of AST or Deed of G to retain.

 

5. Is a guarantor liable for letting agent fees such as charges being made to the tenant for correspondence relating to the arrears? G is liable for all fees & charges applicable to T

 

6. If the tenant did not pay the arrears or if the letting agency declined any part payment who would the agency take to court in the first instance - the ex-tenant or the guarantor? The person most likely they can recover the money from ie G. G can still sue the T to recover his losses. Unlikely any part payment would be refused unless payment demanded in full at time.

 

7. Should not the letting agent have had insurance to cover any damage allegedly done by the tenant? LL insurance won't cover damage attributable to T. The person resp pays if they can be located, otherwise the G

 

Next step - talk to the T, talk to the LL. You agreed to act as Ts G & LL will rightly pursue you for payment.

 

Gs need to fully understand their resps, many a friendship has been blighted by Ts failure to pay.

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The guarantee you signed will state what you agreed. Probably it will have included all costs in relation to the tenancy, but you never know.

 

My understanding is that either guarantor should be a party to the contract (ie. sign, and therefore see, the full AST contract), or guarantee should have been done as a "deed of guarantee" - the document should say it is a deed and the signatures should have been witnessed.

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gaurontor forms or deeds must set out the all the liablility and costs for which you are commiting too. if not then not valid.

Also they must be drawn up as a deed, witnessed and under seal. As this is not a contract.

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