Tenancies for over 4 people

**Katydid83** · 26-02-2008 10:20 AM

I have read earlier threads regarding tenancies of over 4 people. I am studying for my Technical Award at the moment and finding some things a little unclear. We have various tenancies which are for over 4 people, are people from 5 onwards not liable for the rent if it was taken to court? I understand that they are jointly and severally liable for the rent to be paid but if the case went to court because of non-payment of rent would only the first 4 be liable?

I have also read that Jeffrey suggests that person 5 onwards sign a Supplemental Agreement. Would anyone be able to send me an example agreement which I can look at?

Sorry for all the questions but some things are a little unclear to me!

One more thing, with non-housing act tenancies, I understand that the deposit is not covered by the TDS. Is there another body that will cover this deposit or is it up to the LL and T to determine the deductions as pre-TDS?

Thanks in advance.

**jeffrey** · 26-02-2008 10:56 AM

1. Mr 5+ can be made liable for the rent, but this depends on precise wording.
2. For example, lease defines "tenant". If only tenant covenants to pay rent, and as Mr 5+ isn't capable of being within definition of "tenant", L will have problems in trying to fix him with liability.
3. I use Supplemental Agreements. Send me an e-mail (not pm*); contact details are on Topic Expert page.
4. On your penultimate paragraph, there are no TDS bodies voluntarily offering non-statutory schemes as far as I know. Why would they? L and T simply make own contractual arrangements, as if the wretched Housing Act 2004 had never existed.

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