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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Property Law question I am guarantor for my friends son,

Customer Question

Property Law question

I am guarantor for my friend's son, who lives in England, I live in Scotland. I signed with one letting agents but the property changed hands to another letting agent and I was never formally informed of this.

Her son has now left the property, before he was going to be evicted, and the new company is asking me for money. How do I stand legally with not actually signing papers with this particular company.

Also should I, as guarantor, have been formally informed of an up-coming eviction?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

What does the tenancy agreement say about your right to information please?

Kind regards,

Tom
Customer: replied 1 year ago.

I will have to read that, I can forward it to you if that will help

Expert:  Thomas replied 1 year ago.
Hi,

That might be difficult. Can you just check to see if it puts any obligation on the landlord to inform you and let me know the relevant passge please?

No rush..

Tom
Customer: replied 1 year ago.

I can't find the words relevant passage in it at all. Nor anything about landlord obligation to inform me

Expert:  Thomas replied 1 year ago.
Hi,

Who is named as the landord, a private individual or one of the agencies?

Tom
Customer: replied 1 year ago.

The original letting agency was Plsmoveme2 and the new one is called Evolution, which I suspect is a debt collector but I haven't asked

Customer: replied 1 year ago.

details are

Roy xxxxx

Principal Director

xxxxxxxx

xxxx xxxxxx

xxxxx

xxxxx

Kent

xxx xxxxx

Tel: xxxxxxx

Fax: xxxxxxx

Customer: replied 1 year ago.

Landlord details


 


Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5mins.
Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The name that you have pasted an image for appears to be a private individual landlord. This means that they executed the tenancy agreement and simply instruct the agency (whichever one) to deal with the day to day managing of the property.

Unfortunately, this means that the fact that the agency appears to have changed does not affect their ability to claim against you.

You will have to see if the guarantee that you have signed imposes an obligation on the landlord to inform your of any arrears accruing. This must be a responsibility of the landlord, rather than simply an option for it to be of use to you.

If there is no responsibility in the guarantee, and I would mentally prepare for there not being one frankly, then there is no obligation for them to tell you of any arrears since you are generally regarded as being responsible for checking whether you are exposed to any arrears yourself.

I suspect that you are going to be caught by this, sorry to say. They will probably be able to sue you successfully if you do not pay or settle. If you kick up enough fuss you may get the debt reduced a bit because they might not want the headache but they will know ultimately that they can sue you.

I would try writing directly to the landlord (rather than the agent) on the address listed an appeal for compassion. They might be more understanding than the present agency.

Sorry I could not have better news for you.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Thomas

I have already rated you, please correct me if I haven't. I just tried again and it didn't give me that option.

Thank you for all the help. I am currently in negotation with the Letting Agent / Landlord, awaiting a reply from them. Unfortunately you were right and I do have to pay them, however I am in dispute with the substantial amount they are asking for re-decoration (which I wasn't aware of at the time of asking my question)

regards


Wendy
Expert:  Thomas replied 1 year ago.
Hi,

You've already rated my answer, so don't worry about rating again.

Good luck.

Tom

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