Rent arrears

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M
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Hi

I would appreciate views and thoughts on the following scenario

I have a HMO property where one of the tenants moved out after two months despite signing a 1 year contract. The tenants have indvidual contracts.

The rent was due in three amounts for which post dated cheques were provided. There was a verbal agreement for guarantor (all guarantors now written agreements!)

The first installment settled but as the tenant moved out they cancelled the 2 remaining post dated cheques. Despite trying to contact tenant and the guarantor (parent) i was unsuccessful so filed an online claim. This triggered a response from the guarantor as they were c oncerned about implications of CCJ. Given their financial position they could not settle balance in one amount but offered a monthly repayment which i agreed. True to form this ended prematurely with approx 500 outstanding. I contacted the guarantor again who claims they are in financial hardship and can not only afford a much lower repayment plan which would take several years to repay the balance, I find this unacceptable.

Keen to get thoughts on whether worth filing addiitonal claim to try and recover the balance in a shorter timeframe or are courts generally lenient to financial hardship (assuming true) and unlikely to increase repayments

15/09/2012 00:00

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