I've received a court summons for a rental I guaranteed

[AndyOrch]

you have only uploaded 1 page of the N1 ..what does its state in the defendants address box on page 1 ?

[dontbeaguarantor]

The box names 4 other defendants (none are me or my daughter) and says see list. We are listed in an attached list along with three others

[AndyOrch]

If you could possibly upload it with the names obscured...just so I can see the way its worded

[dontbeaguarantor]

Hello, N1 is attached. Thanks for looking

N1 page 1.pdf

[AndyOrch]

Many thanks....so your named on an attached list for service and also named in the particulars of claim.Has you daughter received a claim form also ?

 

Are you in contact with the rest of the defendants ? It would be wise to tell all to acknowledge service and defend all.

[dontbeaguarantor]

Thanks. Yes my daughter also has a summons, I have defended hers in the same way and yes I am listed in particulars and also on attached list of defendants.

I'll contact those that I'm able to but one of the tenants (the one with all of the arrears in fact) is listed but the address for him is actually the rental property (obviously the landlord knows he has not resided there for 2 years) and he has apparently moved back to the USA so it's an impossibility that all of the defendants can acknowledge. This one also doesn't have his own guarantor, there are five tenants and 4 guarantors

[dontbeaguarantor]

Any advice on the non contactable tenant please?

[SuperVillain]

There's not really much you can do regarding the non-contactable tenant I'm afraid.

 

Even if he is in the US, I think from memory if Default Judgment is awarded against him they can't enforce it over there anyway as there's no specific reciprocal agreement. Realistically for the size of this claim the Claimant is not going to start fresh proceedings in the US based on a UK Judgment. So really, if that tenant has no intention of coming back in the next 6 years it matters not to him whether he has a CCJ or not...

 

Focus on defending the claims against you and your daughter.

 

It is possible in my view, that if the other tenants don't respond and Default Judgments are subsequently entered against them, with 6 other people to enforce against the landlord may be prepared to drop the claims against you and your daughter.

[dontbeaguarantor]

Thank you supervillain

 

 

I now have the signed guarantor agreement. It makes no mention of being jointly and severally liable. what do you think?

[AndyOrch]

Thank you supervillain

 

 

I now have the signed guarantor agreement. It makes no mention of being jointly and severally liable. what do you think?

 

[dontbeaguarantor]

Andy, do you think it's clear that I was only signing for my daughter ?

[spalding78]

If he is, I disagree. You were guaranteeing to pay your daughter's liability under the tenancy agreement. Your daughter's liability under the tenancy agreement is the entire amount.

[dontbeaguarantor]

Thank you...that's what I thought actually. Do I have any real defence or should I attempt a settlement?

[steampowered]

The guarantee looks pretty clear to me, and makes you liable for your daughter's obligations under the tenancy agreement.

 

If she was jointly and severally liable, I think you would be too. So you need a copy of the tenancy agreement.

 

Of course it is for the landlord to prove why he/she is owed money, so defend all at this stage.

[dontbeaguarantor]

Supervillian...can you help please? You said earlier that I had to file defence by 18th April, is this correct? Are weekends and bank holidays included?

[Old Cogger]

bank holidays you would submit by 4.p.m. Tuesday the day after bank holidays or even day before bank holidays - any trouble on MCOL then send e-mail attachment:-

 

Claim responses & directions: [email protected]