Tweet
I am after some advice with regard to a flat I rent out.
I had a tenant in the property who was unable to pass the necessary credit checks, therefore a guarantor agreement was also set up with a friend of her family.
This was all handled through my letting agent.
The tenant lived at the property for 18 months before giving the statutory one months notice.
When she moved out she left the property in such a state the cost of putting it back to it's original condition was over £1000.
The tenant refuses to pay for any of it and after much toing and froing I had no choice but to make contact with the guarantor.
The letting agent told me at the time I should charge for lost rents whist waiting for the money because the flat was in such a state they are unable to market it because it was so bad.
I wrote to the guarantor claiming for the costs of repair and also the lost rent since she had vacated.
He has written back to say he has taken legal advice and he is not liable for the loss of rent.
In the meantime my letting agent has gone out of business!!!
I am trying to understand the wording of the tenancy agreement and also the guarantee and these are the relevant paragraphs I think....
Tenancy
"you must
keep the inside of the property in at least as good a condition as it was when the tenancy started (fair wear and tear excepted)."
and
"at the end of the tenancy, leave the property and our fixtures and fittings in as good a condition as at the start of the tenancy (fair wear and tear excepted) and free from rubbish."
Guarantee
"INDEMNITY FOR DEFAULT
If the tenant defaults in the performance or observance of any of the covenants or other obligations on his part contained in the Tenancy Agreement the Guarantor will indemnify the landlord forthwith upon receipt of the Landlord's written demand in respect of all losses damages expenses and costs incurred by the Landlord as a result of such default"
As I say, I think these are the relevant parts of both agreements but I wondered if anyone with further knowledge could comment.
G
I had a tenant in the property who was unable to pass the necessary credit checks, therefore a guarantor agreement was also set up with a friend of her family.
This was all handled through my letting agent.
The tenant lived at the property for 18 months before giving the statutory one months notice.
When she moved out she left the property in such a state the cost of putting it back to it's original condition was over £1000.
The tenant refuses to pay for any of it and after much toing and froing I had no choice but to make contact with the guarantor.
The letting agent told me at the time I should charge for lost rents whist waiting for the money because the flat was in such a state they are unable to market it because it was so bad.
I wrote to the guarantor claiming for the costs of repair and also the lost rent since she had vacated.
He has written back to say he has taken legal advice and he is not liable for the loss of rent.
In the meantime my letting agent has gone out of business!!!
I am trying to understand the wording of the tenancy agreement and also the guarantee and these are the relevant paragraphs I think....
Tenancy
"you must
keep the inside of the property in at least as good a condition as it was when the tenancy started (fair wear and tear excepted)."
and
"at the end of the tenancy, leave the property and our fixtures and fittings in as good a condition as at the start of the tenancy (fair wear and tear excepted) and free from rubbish."
Guarantee
"INDEMNITY FOR DEFAULT
If the tenant defaults in the performance or observance of any of the covenants or other obligations on his part contained in the Tenancy Agreement the Guarantor will indemnify the landlord forthwith upon receipt of the Landlord's written demand in respect of all losses damages expenses and costs incurred by the Landlord as a result of such default"
As I say, I think these are the relevant parts of both agreements but I wondered if anyone with further knowledge could comment.
G
