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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter has entered a joint and several tenancy agreement

Customer Question

My daughter has entered a joint and several tenancy agreement with other students. One of the tenants has suddenly left and the others are also threatening to do the same. My daughter has always paid on time. What are her liabilities and does she have any protection.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Its bad news I am afraid

Alex Watts :

She is equally liable for the debts along with the other tenant.

Alex Watts :

If the others leave she is still responsible jointly and equally for the FULL amount of rent.

Alex Watts :

As one tenant as left all the remaining tenants can do is sue the existing tenant for their share of the rent

Alex Watts :

If other tenants leave they are all still equally and jointly responsible for the rent, even when they have left.

Alex Watts :

But if the paying tenant pays, then sadly all she can do is sue the non paying tenants

Alex Watts :

This is the risk of a joint tenancy

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?