Helpful Tips Tenancy Management

Call of the Week- Gaining possession and using guarantors

Call of the week
Victoria Barker
Written by Victoria Barker

A landlord called up our advice team this week with a complex query around gaining possession of his property.

The landlord submitted a Section 21 on the 26th December 2017,  and on the day they called our advice team it was exactly two months to the day since they served this notice.

The first part of the query was around what steps they should take now.

What to do when notice expires

The adviser was able to assist with the first part of this members’ question, by saying that because the notice period has now expired, the landlord will need to complete the court form N5B.

This is available for members to download here on the RLA website. The member said that they would do this.

How can I involve a guarantor?

The tenant owed the landlord money, and the member expressed doubt that they would be willing to pay this. Therefore, they were keen to involve the guarantor, but wanted to know how they would go about doing this.

 

Our advisor began by informing this member that any money that is owed by the tenant, and that has not been made a court order yet, can be pursued against the guarantor.

Initially, the landlord should write a letter to the guarantor, explaining what the situation is, that if the tenant has failed to pay up, it falls on them to pay. The letter must state clearly that the guarantor has 14 days to clear any balance due.

Should the guarantor fail to do this, then the letter should express the landlords intention of pursing the guarantor for the money owed through the small claims court.

The member was pleased that we could help him with his query and thanked our adviser for their time.

Landlord Advice Team Manager, Rupinder Aulja, said: “We get quite a lot of calls from members who tell us that a tenant has rent arrears, and quite a lot of these people tell us that they have not yet pursued the guarantor.

This call highlights the importance of having a guarantor, as they offer landlords with some reassurance that should they experience problems such as rent arrears, then they are able to pursue the guarantor through something like the small claims court”.

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About the author

Victoria Barker

Victoria Barker

Victoria is the Communications Officer for the RLA.

She is responsible for producing articles for our Campaigns and News Centre, the weekly E-News newsletter and media review, and creating social media content. She also contributes to our members magazine, Residential Property Investor.

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