Joint tenants, 1 has guarantor, the other doesn't

RLA Member_879
RLA Member_879
1 Thanks
31 Posts
9 years ago

We have two tenants on a joint tenancy and have served them a section 21 notice that expires 30th June. One of the tenants owes 2 months rent but doesn't have a guarantor whereas the other tenant doesn't owe rent but does have a guarantor.

The tenant that owes rent is claiming housing benefit but fails to pay us (typical) so weve informed HB so should get any future payments until they move out.

The deposit will cover the rent arrears but I want to know that if it comes to applying for court possession and bailiffs etc, can the owner sue the guarantor in a small claims court for court fees or damage to the property, as they are joint tenants?

The guarantor for was limited to just his son but as joint tenants, they are both responsible for damage etc.

If the owner can sue the guarantor, would it just be for half of the costs?

Thanks for taking the time to read this and any advice would be greatly appreciated.

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