Joint tenancy questions

freesha

butterflymum said:

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.

Came here to ask this....

saajan_12

Marcus3344 said:

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?

Because they signed a contract saying "we'll cover the rent between us somehow". Therefore the LL / LA can chase either or both of them for the full amount. If say it was an established couple and one lost a job or stayed home with kids, the other supported, etc, then they disagree on who pays the larger share..
Instead, its not up to the LL to figure out who should pay, they can chase whoever they can get the money from, and then its up to the couple to sort out the agreed split. 

Son was always liable (to the LL) for the full amount, 

Marcus3344 said:

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

Yes, provided 
- he can find her address etc to serve a money claim online and expects he'll be able to find her to enforce the judgement (if any). 
- he can prove / convince a judge the agreement between them was to split it 50/50 and to leave at the end of the fixed term. So she should compensate any losses vs that.