Existing guarantors section 17/

Landlord Discussion Legal
1

hi i have a tenant who hasnt paid since start of pandemic .

the tenants company is ltd and he has provided personal guarantee to cover the rent if his company didnt pay .

i searched online and i found out section 17 needs to be issued ,but section 17 is only for previeos tenenat or guarantors .

in my case the guarantor and tenant ltd company are existing .i mean director of the ltd company who is my tenant has given me personal guarantee who are still my tennats
so i how i pursue the existing guarantor whose company is my exsiting tenant?

so i have to give im any notice or tae the matter to straight to court ?

pleaseeee helpppppppp

2

Is this an AST or a rent to rent?
Did he rent it himself or did he rent it to others?

3

If the company is the tenant, what type of agreement was used. Please say it wasn’t a butchered AST.

4

I own the building - i rent it out to ltd company whose owner/ director provided personal gurantee its was authorised gurantee agreement prepared by good solicitors. My question is as lts company not paying rent do i have to serve 17 to its director who provided gurantee? As i read some where secrion 17 cant be served if the guarantor is exsisiting tenant , in my case the gurantor is sole director of the ltd company who is my sole current tenant thanks

6

Is this a commercial let or a private residence or a rent to rent?

7

For his own company ltd

8

Commercial
Let with - downstair shop upstairs flat but all under commercial lease let to ltd company whose director has provided personal gurantee

9

It sounds like the company owes you the rent for both spaces. Your lease should have a forfeiture clause covering non-payment. Speak to your solicitor about how to enact it.

1 Like
10

Hi David thanks . I know the comany ltd owes me the money . But company director has gove me personal gurantee too . So i can i pursue the guarantor without section 17? Solicitor i cant afford at moment thanks

11

I would think so, but I have no experience of this. You may need to sue the company and the guarantor jointly.