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Landlord taking small claims action one student not paying rent - Joint and several
Comments
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You are right there is doubt about the validity of the guarantee agreement.We are aware of what joint and several means - although we were not supplied with a copy of lease by Letting agents when they sent guarantor forms and thought that we were only guarantor to our daughter.
As you were not supplied with a copy of the lease prior to signing the guarantee, how can the agent prove that you were aware of joint liability.
As you thought ( how can you prove this?) you were guaranteeing only your daughter's share, how is there a meeting of minds to make the contract of guarantee valid.
Much depends on how the guarantee was worded and any accompanying correspondence.
What attempts has the landlord made to mitigate his loss.
You need someone who is an expert in contract law.
This has been pointed out.
But there is no doubt about the validity of the tenancy agreement & the joint tenants' liabiliy.0 -
Not that it makes any difference now but where is the property?
Many uni,s now have accommodation offices or officers who could have given advice.0 -
Thank you for all the information
Please can anyone indicate what the judgement will state will it allocate a portion of debt to each tenant split evenly or how will it be worded. The defaulting tenant is still in touch0 -
Thank you for all the information
Please can anyone indicate what the judgement will state will it allocate a portion of debt to each tenant split evenly or how will it be worded. The defaulting tenant is still in touch
It is unlikely that the judgement will allocate a portion of the debt to each defendant. It is much more likely that the judgement will state that the named defendants are liable to pay the full amount. It will then be up to the landlord to pursue whichever is the easiest target.
If you are determined to go to a full court hearing (which is not recommended) at least have the absconding tenant joined in as a co-defendant. It might just make him pay up.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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