Pursuing former tenant for unpaid rent

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M
Mrs Kerry Wainman
13 Posts
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I'll outline the current situation and then ask my questions.

Situation:
1. Joint tenants. Tenant 1 wants to be removed from tenancy.
2. Tenants in 1 months arears but agree to pay using a schedule (4 payments in total). Tenant 1 signs scheduled payments agreement.
3. Tenants start to make payments for arrears on agreed schedule.
4.We agree to end tenancy for tenant 1 leaving tenant 2 on tenancy. All parties agree to this. Get tenant 1 to sign document saying they have left tenancy. Get keys back from tenant 1.
5. Tenant 2 explains they are applying for LHA and rent will be late for 2 months (dec & Jan).
6. Serve section 21 notice on tenant 2 - just in case.
7. Tenant 1 stops paying installments for outstanding arrears (1 payment left).
8. Send Tenant 2 documents to give us permission to discuss their case with council. Documents not returned.
9. Tenant 2 ceases communication with us.
10. Reminders sent at appropriate times to tenants.
11.Section 8 currently being issued.

Questions:

1. Can we pursue tenant 1 for the last remaining scheduled payment?
2. Can this be done through small claims court as they are currently not a tenant?
3. Tenant 2 has a guarantor. Can we pursue the guarantor through the small claims court, or, do we have to go through the possession procedure 1st?

Thanks for your help.

07/01/2011 00:00

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