Where Next? Guarantor denies signing tenancy

[New_Age_Biker]

A friend of mine has a property for rent.
Young girl rents property with her father 'signing' as guarantor
10 months later tenant abandons property whilst under notice & a court claim for rent arrears having started
Dad denies having signed tenancy agreement.
Default judgement is given against 1st defendant (tenant) who has nothing to enforce against
I believe case is continuing against 2nd defendant (Dad) who has little to enforce against
Police not interested in possible fraud
Police would be interested if 'the boys' went for a chat with the ex tenant! (they were asked )

Any ideas how to progress or enforce this judgement?

Many thanks for any ideas
NAB

[PlanB]

Re: Where Next? Guarantor denies signing tenancy

A friend of mine has a property for rent.
Young girl rents property with her father 'signing' as guarantor
10 months later tenant abandons property whilst under notice & a court claim for rent arrears having started
Dad denies having signed tenancy agreement.
Default judgement is given against 1st defendant (tenant) who has nothing to enforce against
I believe case is continuing against 2nd defendant (Dad) who has little to enforce against
Police not interested in possible fraud
Police would be interested if 'the boys' went for a chat with the ex tenant! (they were asked )

Any ideas how to progress or enforce this judgement?

The Landlord should join the guarantor into the proceedings as a Part 20 Defendant.

http://www.justice.gov.uk/courts/pro...rt20/pd_part20

"Dad" is possibly right to deny that he signed the tenancy agreement because Guarantors don't sign the tenancy agreement only the tenant does. A guarantor signs a separate surety agreement/contract which makes them legally responsible for everything the AST requires of the tenant in the event the tenant breaches their contract. This will not just be the rent it's all/any other breaches. Here is some basic background information for you:

http://www.lawpack.co.uk/landlord-an...rticle1831.asp

Why would "Dad" deny signing anything if he did ? If he didn't sign anything then the agent or Landlord won't be able to produce a copy for the court will they?

Can you explain the bit about the police and your statement "if the boys went for a chat" then I'll be able to help you more easily

[ploddertom]

Re: Where Next? Guarantor denies signing tenancy

Even if Judgment is obtained there is no guarantee that payment will ever be made. To apply enforcement carries an expense so sometimes you have to sit & think how much more do I throw at this - sometimes easier to put it down to experience and move on.

[PlanB]

Re: Where Next? Guarantor denies signing tenancy

if Judgment is obtained there is no guarantee that payment will ever be made. To apply enforcement carries an expense so sometimes you have to sit & think how much more do I throw at this.

If a CCJ is obtained against the Guarantor and if "Dad" (the Guarantor) is a homeowner then the Landlord/Claimant will be able to get a Charging Order on his home if the amount claimed is over the £1,000 threshold for *automatic* COs.

The OP hasn't said how much the claim is for but if it's under £10k then the proceedings will be dealt with by the Small Claims Court so no costs ordered against winner or loser. In other words no financial risk of legal costs to either side if it's pursued to the bitter end through the county court.

[New_Age_Biker]

Re: Where Next? Guarantor denies signing tenancy

Thanks for the feedback, more info as requested.
The court action (small claims, £1350) is for the tenant as first defendant and guarantor as second defendant.
On the tenancy agreement it states the guarantor agrees to pay anything the tenant does not under the terms of the tenancy agreement ( heavily paraphrased) then space for tenant, landlord & guarantor to sign.
The tenant provided the guarantor details (inc address) which were put on the agreement. The tenant was given the agreement to read & sign and due to distance to guarantor the tenant arranged the guarantors signature which was not witnessed by the landlord.
CCJ is in place against 1st defendant (tenant) but there is nothing to enforce against & not working
Mediation was tried but 2nd defendant did not engage so court says papers have gone to Judge for directions
Have investigated possibility of using High Court Officers to visit 1st defendants new home, they won't get anything but it's good sport.
Is there anything more to do?

Regarding sending the boys around, I went with the landlord to the Police when the 2nd defendants defence was received. Basically he says he did not sign the agreement, but somebody did - either him or his daughter (the tenant).
I suggested to the Police that they may wish to investigate possible fraud but the Police decided it was a civil matter.
I then suggested that if the Police do not support legitimate cases such as this then they encourage the hire a gunslinger and have a shoot out at high noon approach -something we left behind years ago!
The officer could see my point but indicated his hands were tied, he did however suggest that sending the boys around for a chat would be a bad idea although in all fairness this was not a serious proposal!!
The officer stated that once the judge had heard the case it would be up to the judge if he/she wished to get the police involved

NAB