kayak
25-04-2008, 08:37 AM
I have a hypothetical situation which I would like some thoughts on.
Three persons, on a joint and several contract. Deposit the same as a months rent, protected by the DPS. Rent split equally between the three tenants, let's say £100 x 3.
One tenant stops paying their £100 for the final two months of the contract. Could the £200 be taken from the deposit (which is £300 split between them all) and then leave the remaining two tenants to recover it from the tenant in arrears in the small claims court?
Clauses in the AST: The T says the deposit as security for the performance of the T obligations and to compensation thw LL for any breach of those obligatiosn.
I'm sure there is a definitive answer to this, but I'm afraid I don't know it!
Kind regards,
John
Three persons, on a joint and several contract. Deposit the same as a months rent, protected by the DPS. Rent split equally between the three tenants, let's say £100 x 3.
One tenant stops paying their £100 for the final two months of the contract. Could the £200 be taken from the deposit (which is £300 split between them all) and then leave the remaining two tenants to recover it from the tenant in arrears in the small claims court?
Clauses in the AST: The T says the deposit as security for the performance of the T obligations and to compensation thw LL for any breach of those obligatiosn.
I'm sure there is a definitive answer to this, but I'm afraid I don't know it!
Kind regards,
John