Two seperate money claims for one debt - two seperate defendants

[rosie15]

Hi all, I have a rather unusual situation and hoping there may be someone here who can help as I'm struggling to find similar cases to compare to. Claimant (a letting agent) issued two claims against both their tenant and their guarantor for a fixed amount of rent arrears. Judgement in default was given against the tenant and they are now paying the debt in court agreed installments. The guarantor filed a defence and now the claim has proceeded to the stage where mediation has been offered, but can anyone advise if the claim should rightfully be continued as they have already secured a CCJ against the tenant and effectively will be claiming the money twice out of both of them?

To confuse matters further the tenant is still in occupation, and there are still arrears (not sure if as much as the original amount), but as the initial claim was filed nearly 4 months ago the original amount has been paid three times over as part of ongoing payments onto the account.

Any advice appreciated and I hope I have posted in the right forum, sorry if not

[Amethyst]

Re: Two seperate money claims for one debt - two seperate defendants

Has the defendant guarantor spoken with the claimant since the tenant commenced payments through the court?

[rosie15]

Re: Two seperate money claims for one debt - two seperate defendants

Thanks for the quick reply. They have not spoken to the claimant, but the claimant sent back the directions questionnaire to proceed with the case against the guarantor a couple of weeks after instructing bailiffs against the tenant, so they definitely knew they had a judgement for that sum already. Not sure if either they think they can get the money quicker instead out of guarantor, or whether they are going to state the amount claimed would cover any new arrears - and I don't know if in either case they can do this anyway?

Sorry I misread the post in fact - the first court ordered payment was made last week, and no contact since then from the claimant, but I believe they would let this claim run also...

[SPQR]

Re: Two seperate money claims for one debt - two seperate defendants

From the landlord's point of view: it is fairly standard to claim against both the tenant and guarantor - both are liable for the debt and it means that if the tenant is unable to pay, the landlord does not incur extra costs making a new claim against the guarantor.

You are correct in that the landlord cannot recover the full debt twice, but the landlord can recover part of the debt from the tenant and part from the guarantor.

The claim against the guarantor will probably remain live, until the tenant pays back the full debt.