My tenant left, owing rent and having caused considerable damage. The DPS allowed me to keep all the deposit as the tenant owed me rent but there is still over £700 of rent arrears and damage. I do not have an address for the tenant but I do for the Guarantor. I am contemplating the small claims court and have drafted a Letter before Action. I know I can claim against the tenant and the Guarantor for unpaid rent but do you know if I can pursue the Guarantor for the damage to the property even after the tenant has left.
Yes, they are liable for any loss you have incurred as a result of the tenant breaching the tenancy agreement.
I’d recommend you speak to the guarntor first tough before doing a letter before action.
Thanks for that Karl - I have written to the Guarantor on more than one occasion now (probably 3 times over the last couple of months) flagging up the damage and rent arrears and they never respond. That is why I am proposing to do the Letter before Action. Best wishes Angela
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If youve already made a claim against the tenants deposit, a court may choose not to allow a further claim for the same debt, despite the deposit not covering the full amount. You may wish to get the advice of a solicitor on the likelihood of success. Alternatively, make the new claim for something not already covered.
Thank you David - certainly food for thought. TBH I am wondering if all the hassle and stress is worth it !!
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