I signed as a guarantor for my DD 3 years ago on a 5 person house share and I recently received a court summons for unpaid rent and damages.
The case has been brought against all 5 tenants and 4 guarantors. 1 of the tenants was from the US (UsLad) so he did not have one but something called a professional reference apparently.
The claim is for £1.3k in unpaid rent (all USlad's) and 3.8k in damage to the property. Most damage is cat scratches due to two tenants having cats.
It is accepted by the landlord that my DD had no pets and no rent arrears, I have offered to pay 1/5 as settlement but they will not agree to this.
I have submitted an acceptance stating I defend all claims (as has my DD), the date of service was 21st march.
I don’t know what to do next and by when. I have been to a free legal clinic and to CAB but did not find them too helpful and I think I have to submit defence by this Tuesday?
The agreement I signed shows only my daughter as the ‘The tenant’ but says that we guarantee she will abide by the main agreement in which she is jointly and severally liable.
If we fight this and lose will we get a CCJ even if we pay up?
I am in contact with one of the others mums who is in the same position as me basically but not with any of the others so if they do not (have not) submitted an acceptance of service then judgment is issued by default, does this affect all of us? I just can’t get my head around the jointly liable thing (I get it in principle but not in practice)
Things that might be in our favour.
The main tenant agreement does not appear to be signed by the landlord
There is no signed incoming or outgoing inventory
The maintenance co who did end of tenancy cleaning and repairs is owned by the landlord
The ‘damages’, cleaning etc is obviously exaggerated
Only 4 guarantors for 5 tenants
And I know I should have read what I was signing more carefully!
Appreciate any advice you can give.
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Received summons as a guarantor, can you please help?
13 replies
Contactlass · 13/04/2017 14:12
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