# Existing guarantors section 17/ **URL:** \ **Category:** Legal\ **Created:** [17 September 2021 11:14 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487 "2021-09-17T11:14:33Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![habib9454](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/habib9454/32/450_2.png) [@habib9454](https://community.openrent.co.uk/u/habib9454)\ **Post date:** [17 September 2021 11:14 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/1 "2021-09-17T11:14:33Z")
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 ---
**Author:** ![A\_Z](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/a_z/32/450_2.png) [@A\_Z](https://community.openrent.co.uk/u/A_Z)\ **Post date:** [17 September 2021 12:08 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/2 "2021-09-17T12:08:51Z")
Is this an AST or a rent to rent? Did he rent it himself or did he rent it to others? ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [17 September 2021 14:03 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/3 "2021-09-17T14:03:45Z")
If the company is the tenant, what type of agreement was used. Please say it wasn’t a butchered AST. ---
**Author:** ![habib9454](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/habib9454/32/450_2.png) [@habib9454](https://community.openrent.co.uk/u/habib9454)\ **Post date:** [17 September 2021 15:24 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/4 "2021-09-17T15:24:25Z")
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 ---
**Author:** ![A\_Z](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/a_z/32/450_2.png) [@A\_Z](https://community.openrent.co.uk/u/A_Z)\ **Post date:** [17 September 2021 15:33 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/6 "2021-09-17T15:33:48Z")
Is this a commercial let or a private residence or a rent to rent? ---
**Author:** ![habib9454](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/habib9454/32/450_2.png) [@habib9454](https://community.openrent.co.uk/u/habib9454)\ **Post date:** [17 September 2021 15:44 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/7 "2021-09-17T15:44:56Z")
For his own company ltd ---
**Author:** ![habib9454](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/habib9454/32/450_2.png) [@habib9454](https://community.openrent.co.uk/u/habib9454)\ **Post date:** [17 September 2021 15:46 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/8 "2021-09-17T15:46:05Z")
Commercial Let with - downstair shop upstairs flat but all under commercial lease let to ltd company whose director has provided personal gurantee ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [17 September 2021 19:12 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/9 "2021-09-17T19:12:11Z")
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. ---
**Author:** ![habib9454](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/habib9454/32/450_2.png) [@habib9454](https://community.openrent.co.uk/u/habib9454)\ **Post date:** [17 September 2021 20:31 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/10 "2021-09-17T20:31:24Z")
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 ---
**Author:** ![David122](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/david122/32/1449_2.png) [@David122](https://community.openrent.co.uk/u/David122)\ **Post date:** [18 September 2021 20:31 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/11 "2021-09-18T20:31:32Z")
I would think so, but I have no experience of this. You may need to sue the company and the guarantor jointly. ---
**Author:** ![system](https://yyz1.discourse-cdn.com/flex031/user_avatar/community.openrent.co.uk/system/32/11_2.png) [@system](https://community.openrent.co.uk/u/system)\ **Post date:** [16 August 2024 01:50 UTC](https://community.openrent.co.uk/t/existing-guarantors-section-17/26487/12 "2024-08-16T01:50:38Z")
Closed on 16 August 2024 01:50 UTC