Guarator Liable?

[oldme]

hi,

Ok we rent a property through your move on a fully managed package, our tenants father is the guarantor.

the tenant had only been in the house for 6 months, but after constant late payment of rent from the start we issued notice within the first six month, she moved out 04.01.15.

 

the condition of the house is shocking, and your move had to send in a specialist cleaning team who quoted £925 for the clean and redecoration of the property, cleaning company advised it was the worst they had seen ever, also locks had to be changed as tenant did not hand the keys in.

 

the Guarantor paid a deposit of £725, he is obviously not going to receive any of this back, but we are now being told by your move that we the LL have to pay the remaining balance or take the Guarantor to court..

what i want to know as it states on your moves website that the guarantor is liable for all damage costs over the deposit, is the guarantor liable, im sure your move would have had them sign a deed of guarantee stating this....all other sites i have looked at state the gurantor is liable for all losses etc.

 

when we first saw the damage i did ask the your move branch if the cost was more than the deposit would we have to pay and they also advised no as there is a gurantor on the property.

 

just need some proper advise as your move do not want to help even denying what is on their website,

have check with shelter scotland their site also state the the gurantor is liable.

Edited January 13, 2015 by Conniff

[Conniff]

That is what a guarantor is for, 'I guarantee that should the tenant fail to pay etc I will pay'.

 

 

It's cast iron.

[ashmk]

That is what a guarantor is for, 'I guarantee that should the tenant fail to pay etc I will pay'.

 

 

It's cast iron.

 

What he said!

[steampowered]

You need to write a letter to both the former tenant and the guarantor setting out details of the damage caused and the amount outstanding. If they do not agree to pay for that, you would then need to start a small claim against them.

 

 

You need to try and get your hands on the guarantee signed by the tenant's father. This is the document which you would rely on.

[oldme]

You need to write a letter to both the former tenant and the guarantor setting out details of the damage caused and the amount outstanding. If they do not agree to pay for that, you would then need to start a small claim against them.

 

 

You need to try and get your hands on the guarantee signed by the tenant's father. This is the document which you would rely on.

 

 

As the contract is between your move and the tenant would it be your move that would have to do this?

[steampowered]

As the contract is between your move and the tenant would it be your move that would have to do this?

Normally the contract would be between the landlord and the tenant. The letting agent normally just administers things on the landlord's behalf. It is possible that YourMove are looking after the signed document for you.

 

It is quite important for you to locate the signed guarantee. The law says that a guarantee has to be signed for it to be valid. You'll want it if you have to issue a court claim.

 

Try writing to the tenant and the guarantor first. Keep it polite and formal - simply set out what damage was caused to the property (ideally attaching receipts), explain that the tenancy agreement has been breached (ideally quote the relevant clause from the agreement), ask them to pay the outstanding amount and state that unfortunately you will have to consider taking court action if the amount is not paid in a reasonable period of time.

[Bandit127]

I also think you should treat the tenant and guarantor as "joint and severally liable". Tell them as much when you demand payment.