Can I have some advice on what a guarantor is allowed to know.
Do I treat them as a tenant ?
For example, the tenants are in breach of their contract and have also caused damage to a fixture which needs replacing. An invoice has been raised but they are refusing to pay.
Can I say the invoice will sent to the guarantor ? I can also inform them of the tenancy breaches, not allowing access, the GSC is due in a few weeks. Or would I be breaking some GDPR if I let the guarantor know their business?
You must be able to let the guarantor know otherwise they’d never me a way of getting the guarantor to pay. Keep it only to things that result in a financial liability for the guarantor so if there are issues that dont then I’d exclude those.
I believe the guarantor should be included in all matters like this.
If the tenant or guarantor refuses to pay during the tenancy, you could dispute it with the deposit when the tenancy comes to an end. Deposit Protection Service (DPS) comes in handy with matters like this.
Firstly , I would tell the tenants that if they do not pay you will be forced to go to the Guarantor. The guarantor should then be informed of everything and their liability.
If the tenants are in breach and you need to take action, bearing in mind nothing at the courts can be done until at least March next year, you need to tell the guarantor that you will pursue all costs and damages.
If they’ve got any sense they will speak to the tenants to resolve.
If the guarantor falls out with the tenants, their obligations as guarantor remain until the end of the tenancy.
You would be advised to log all calls, conversations, letters, emails in case of need later.