Recourse to guarantor
I have a tenancy agreement backed by a Guarantor. The Guarantor agreement includes the clause
"If the tenant fails to pay rent (£800)for the space of 14 days,I will, if requested in writing, pay to the landlord the arrears of rent due at that date together with any future arrears that may arise".
The tenant is approx 10 weeks rent in arrears. I have served a Section 8 Notice on the tenant and it has been copied to the Guarantor (via Landlord Action).
The rent is now being paid in full directly to my leting agent in the form of Housing Benefit and I am currently happy for this situation to continue. However, the arrears are not being addressed.Is there anything to stop me pursueing the Guarantor for the rent arrears through the Small Clains Court?
Many thanks for your help
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