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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My daughter is moving into a house share shortly, and it

Resolved Question:

My daughter is moving into a house share shortly, and it states in the agreement that she will be jointly and severally liable should any other tenant default on monies due. However, she is the only tenant listed on the contract, none of the names of the other house sharers is on it. Would the landlord still be able to pursue her for other tenants unpaid monies?
Submitted: 3 months ago.
Category: Law
Expert:  F E Smith replied 3 months ago.

Why is only she listed on the document? Does it refer to any supplemental document is there any other supplemental document with a list of tenants on?

From what you have said, this seems extremely risky and I would want the tenants listed either on the tenancy agreement there, on the tenancy agreement I would want it to refer to another schedule with the names of the tenants on.

Unless there is something in writing, signed by all the tenants, then an unnamed party is not liable for any commitment with regard to property and that would leave your daughter liable for all the rent if the others defaulted. She would be able to pursue the others but the landlord would not.

Even if they are all named, each of them are jointly and severally liable for all the rental in any event.

Can I clarify anything for you?

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We can still exchange emails.

Best wishes.


Customer: replied 3 months ago.
For a furnished dwelling house
Assured Shorthold Tenancy
within the meaning of the Housing Act 1988 as amended by the Housing Act 1996
This Agreement is subject to any manuscript amendments following negotiation between the landlord and tenant in
relation to this property. Such amendments will be signed or initialled by the parties prior to the grant of this tenancy.
PROPERTY: Room 4 together with the communal areas,***** Reading, RG1 5SB
LANDLORD(S): Mr Gurprit Johal
COMPANY: Berkshire Living
AGENT NAME: Jay Chauhan Berkshire Living
TENANT(S): Lead Tenant: Ms Eleanor York
Friday 22nd July 2016----------------------------------------The above is a copy of the first page of the agreement. This is for her individual bedroom plus shared areas.
I have read on line the following: 'If you share accommodation and have a joint tenancy-
If you have a joint tenancy, you and the other tenants have exactly the same rights. You are all jointly and individually responsible for the terms and conditions of the tenancy agreement. This is called joint and several liability.'
Although this term is in the body of the agreement, the one she has is in her name only and I assume that the others will have one also only in their names. Does this work to her advantage or not?
I'm sorry I didn't really understand your first reply.
Expert:  F E Smith replied 3 months ago.

Don’t assume anything. If they all have agreements, then each of the agreements should refer to the other three agreements. I would want to see those agreements. However…

I don’t like four separate agreements for the same property.

There is absolutely no reason why 4 tenants should not be named on this one agreement or if this not room, the agreement annotated and referring to a separate piece of paper.

Based upon this one piece of paper, the only person that is liable is your daughter.

If the other tenants are quite happy with it and they confirmed that they will be responsible for the rent, they will have no problem putting their name on the agreement. As it is, the only person the landlord can chase is your daughter.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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