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Leics Landlord
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Leics Landlord

From: Leics Landlord 04 May 2021 19:33 PM

Leics Landlord

From: Leics Landlord 15 April 2021 13:30 PM

Leics Landlord

From: Leics Landlord 01 April 2021 15:14 PM

Leics Landlord

From: Leics Landlord 17 February 2021 11:37 AM

Leics Landlord

From: Leics Landlord 17 February 2021 10:12 AM

Leics Landlord

From: Leics Landlord 10 February 2021 13:07 PM

Leics Landlord

From: Leics Landlord 08 February 2021 14:54 PM

Leics Landlord
If you claim against a guarantor while you hold a deposit, inevitably that claim will be struck out as an abuse of process (you already have an effective remedy without going to court), and you may leave yourself defenceless to a claim from the tenant for the return of the deposit (you can't obtain double recovery). And if you proceed against a guarantor and lose, expect to be ordered to pay costs on an indemnity basis - because you could have used DPS for free. Even in the Small Claims Track, the court has discretion to award costs on this basis where it believes you have behaved unreasonably. If a guarantor is worth suing, by definition they also have the wherewithal to fight you. There is sometimes a misleading belief that a guarantor is required to pay you on demand. Not so - a guarantor is entitled to be satisfied that he or she is really indebted to you, and may require you to prove it in court - essentially, to prove not only that the tenant owes you money but also that it is a sum which they have guaranteed. Expect a claim which ought to have been brought against the tenant through the DPS to be treated extremely sceptically by the court, and that is before we get to the inevitable application for the case to be stayed while a DPS claim is pursued. You aren't obliged to use the DPS - but neither is your tenant, they can obtain a CCJ against you, and your refusal to use Alternative Dispute Resolution will give them the perfect excuse. There are a few people here who take malicious pleasure in the consequences of a CCJ. Bear those in mind!

From: Leics Landlord 02 February 2021 22:21 PM

Leics Landlord

From: Leics Landlord 08 January 2021 21:41 PM

Leics Landlord

From: Leics Landlord 08 January 2021 21:39 PM

Leics Landlord

From: Leics Landlord 08 January 2021 21:27 PM

Leics Landlord

From: Leics Landlord 08 January 2021 21:26 PM

Leics Landlord

From: Leics Landlord 08 January 2021 21:14 PM

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