Joint tenancy questions

Marcus3344

Following on really from a previous thread.

Couple broke up.
Son moved out and she remained in property for full duration of tenancy agreement (9 months)
He paid his monthly rent.
The final month before she moved out she took his money and didn’t pay the rent.

she’s finally moved out, albeit it two weeks after tenancy finished.

My son lost his deposit due to condition she left place in £500 each.

He’s now being billed by the LA the final months rent plus additional two weeks, as she left late.

He has agreed a monthly payment plan to clear his half of the balance (over 12 months) and LA has agreed to this.

Questions:-
1)
The LA has stated “ Please be advised however we will hold yourself and the other tenant equally as liable for the whole balance. This means we can not hold you liable for only half of the balance.”

can someone explain to me if he’s paid his half, how is he liable for her half?

2)
She appears to have absconded, no answer to emails or phone calls.
Can he take her to court for last months stolen rent? Even maybe for the two additional weeks she overstayed?
if he can, how can this be done is we have not got and address for her?

Any advice would be greatly appreciated…

Marcus

user1977

It's joint and several liability - the landlord is entitled to chase one of them for the full amount. If he pays more than his share he's entitled to recover the balance from his ex (if he finds her....).

elsien

There is however no way to issue any court summons without knowing where she is.
Presumably  he knows her family, and also where she worked – if she did work, They may well wish not to be involved, but that could be a starting point To try to find out where she is

MEM62

Marcus3344 said:

He paid his monthly rent.
The final month before she moved out she took his money and didn’t pay the rent.

If he gave it to her he has not paid his rent.  He has donated money to his ex.  It is paid when it reaches the landlord.  

Marcus3344 said:

My son lost his deposit due to condition she left place in £500 each.

That is unfortunate.  

Marcus3344 said:

1)
The LA has stated “ Please be advised however we will hold yourself and the other tenant equally as liable for the whole balance. This means we can not hold you liable for only half of the balance.”

can someone explain to me if he’s paid his half, how is he liable for her half?

There is no his and her half.  They are both jointly a severally liable and the landlord has a perfect right to pursue him.  Indeed you can expect him to do so if she is AWOL.   

As for your second question, yes, he can pursue her if he can find her, if he wins in court and if she has any money or assets he can realise.  However, it is more likely that he will probably just have to chalk this one up to experience.  It is a life lesson and I am sure that he will be more cautious as to who he enters into a financial commitment with in future.    

Marcus3344

So if he pays his half.
they will still proceed him for her half?
Is that correct legally?

Herzlos

Marcus3344 said:

So if he pays his half.
they will still proceed him for her half?
Is that correct legally?

There is no half. Between them they owe all of it, she's disappeared so he owes all of it. 

He can try and take her to court to reclaim some fair share of it, if she can be found and she has any money to pay it back.  But for now he's best paying it himself so his credit doesn't get destroyed, and treat it as an expensive lesson learned. 

Marcus3344

Thanks for the comments.
in relation to credit files etc.
if the son pays her half, where is the punishment to her?
Will the LA not pursue her through court?

Has he been too nice with regards what is right, by engaging with the LA?
paying and honouring his debt?

What would happen if he just disengages with the LA, the same way she has?

user1977

Marcus3344 said:

Thanks for the comments.
in relation to credit files etc.
if the son pays her half, where is the punishment to her?
Will the LA not pursue her through court?

Why (and how) would they do that if they've been paid in full?

What would happen if he just disengages with the LA, the same way she has?

Then they're likely to pursue one or both of them for the debt.

elsien

Marcus3344 said:

Thanks for the comments.
in relation to credit files etc.
if the son pays her half, where is the punishment to her?
Will the LA not pursue her through court?

Has he been too nice with regards what is right, by engaging with the LA?
paying and honouring his debt?

What would happen if he just disengages with the LA, the same way she has?

Punishment has nothing to do with it. This is very simply a debt which both are equal liable and for which the local authority will chase however they can to get it back.
If he disengages, then the local authority may eventually go down the CCJ route. The debt would show up on both of their credit histories and impact both of them in the future. 

Carrying on speaking of his half and her half, although understandable from your son’s point of view, is not the legal position as has already been explained. 

Marcus3344

Sorry LA is Letting agent not local authority 

butterflymum

Did you by any chance stand as guarantor for your son when he and his partner first rented the property? If yes, and both your son and his partner were to 'walk away' from the debt, then the guarantor is likely to be pursued for it.