Suing on an Assured Shorthold Joint tenancy

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?156664-Joint-Tenants-1-dropped-out&p=3255229&viewfull=1#post3255229

 

Hi,

 

I have posted above on a really old thread and was hoping someone might have picked it up so thought I would try in this forum to see if anyone can answer the question for me please.

 

Which is: Does the landlord have to sue the whole group or can he issue a claim against one tenant for non payment of rent?

 

TIA

[Guest]

some brief! info

http://www.adviceguide.org.uk/index/h_problems_in_shared_accommodation.pdf

there's some further useful info on cab and nat debtline re AST, and rent arrears etc.

[Dotty50]

Thanks for that link Ford, I have also been reading some of the landlords sites and it is mentioned many times that the LL can take action against all or only ONE of the joint tenants, so I think the job I have, is persuading the LL that he doesn't have to sue the group. (if it comes to it).

 

However, all this reading has now brought up another question!

 

The following paragraph is on the Deed of Assignment for a new tenant (which we are actively seeking and may now have). If there are rent arrears at the moment (A fifth share of one month so far). By the landlord accepting the assignment, this appears to release the exiting tenant from his obligations and making the replacement tenant liable for the arrears, as the money would be due under the original tenancy.

 

That is how I am interpreting it, is that correct? How can this be fair for the incoming replacement?

 

 

The Replacement Tenant(s) agrees with the Landlord and the Remaining Tenant(s) that from

and including the Date of Assignment and thereafter during the remainder of the tenancy

created by the Agreement the Replacement Tenant(s) will discharge and perform all

obligations and make all due payments contained in the Tenancy Agreement

[AndyOrch]

Dotty would this not better placed here :- Residential and Commercial Lettings

 

Regards

 

Andy

[Dotty50]

Did try that forum first Andy, in an old thread where I spotted Planners comment. Link in post 1

 

Planner is still on Cag but as it was such an old thread, they may not be subbing anymore.

 

The LL is ok, in fact I have just spoken to them and the have confirmed that the outgoing tenant will still be held liable.

 

TBH the outgoing tenant has been a p.i.t.a. since the tenancy started and is best gone but they must be held responsible for there actions IMO and not thiink they can just walk away!

[AndyOrch]

Ok hope you resolve matters to your satisfaction.

 

Regards

 

Andy

[Dotty50]

Thanks Andy, me too!