Tenant is nowhere to be found and gaurantor wants to settle out of court
Campaigning and Policy

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15 Posts
15 years ago
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BACKGROUND

My tenants contract started 18/09/06.

The tenant became 2 months behind in rent arrears but caught up and was up to date at 18/09/07.

The contract expired as it was a AST for 12 months.

The tenant ignored my repated requests to sign a new AST agreement and my proposal of askign for 2 months rent in advance instead of my keeping a deposit.

The tenant again became 1 month behind and asked to use the deposit for 1 months rent which we did.

The tenant again ignored my request for a new contract and 2 months rent in advance (now having no deposit).

In April 2008 the tenant hardly spent anytime in the flat and was not contacting me and became behind with the rent for 2 actual months and the 2 months in advance which I requested.

I informed the gaurantor on 28/06/08 that the tenant was 4 months behind with the ren (although it was 2 real + 2 advance months).
The gaurantor has (and does not wish to have) anythign to do with the tenant and only agreed to be a gaurantor to get the tenant out of tehir own house and life.

On 19/06/08 I issued a section 21 order and followed it up on 11/09/08 requesting court costs.
The courts issued the order on 30/09/08 for repossesion on or before 08/10/08.

There is no sign of the tenant and has not been for 2-3 months although all belongings are still in the flat.

Since 28/06/09 to date i have been trying to agree with the gaurantor to settle out of court. The gaurantoor has offered 3,200 (which was outstanding at 19/09/08) to settle out of court in installments.

I however will not be able to re-let the flat from a legal point of view until mid December (courts estimate of me submitting to requests bailiffs and bailiffs being available to force the order).


QUESTIONS

Do i take the gaurantors offer to settle out of court?

Do i accept not being able to re-let the flat until December and take the hit on 2 months rental income?

Do i proceed through the courts against the tenant (nowhere to be found - ive even sent letters to all known addresses) and gaurantor?

What are the chances of me recovering all the debt owed i.e. 6 moths to date plsu court costs plus estimated 2 months for the bailiffs to come out?


ADVICE

All advice welcome

Many thanks
Loosing the will to live landlord!

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