Guarantor questions

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R
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Please advise.
Somebody acts as a guarantor for his nephew. The nephew falls into four months arrears. The landlord fails to inform the guarantor. He waits till FOUR MONTHS AFTER the tenant vacates the property to inform the guarantor demanding payment.
When the landlord was asked why he did not start the eviction process when the tenant went into two months arrears, he said it was because he did not want to upset the tenant. The guarantor would have been prepared to settle the debt at the point of the two months period and help to remove the tenant.

Asked why the landlord overlooked the four months arrears and waited a further four months to chase the guarantor, he said it was because he did not want to upset the guarantor initially. The guarantor has now offered to have a payment plan to settle the debt in instalments, but the landlord has refused and asking for a minimum of two thirds of the amount upfront and is now threatening court action. Would the guarantor be justified to call his bluff and go to court, and what do you think would be the chances in court for the guarantor, considering he wants to do his best to have an amicable settlement.

31/10/2015 23:41

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