Joint and Several Liability I have signed a tenancy agreement for my student house (sharing with 4 others) and the agreement contains the term “Joint and Several Liability” What does this mean?
Where there is more than one tenant in a property, the tenancy will almost certainly say they are “jointly and severally” liable under the terms of the letting agreement (contract).
This legal expression means that, jointly, the tenants are liable for the payment of all rents and all liabilities falling due during the tenancy, as well as any breach of the agreement.
Also, individually each tenant (or their guarantor) can be held liable for payment of the whole (i.e. all rent and all liabilities for the tenancy), as well as any breach of the agreement, until all payments have been made in full.
So, if one or more of the tenants disappears owing money, the landlord or his agent can claim the whole amount owing from all (or just one) of the remaining tenants.
By Tom Entwistle,
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©LandlordZONE All Rights Reserved – never rely totally on these general guidelines which apply primarily to England and Wales. They are not definitive statements of the law. Before taking action or not, always do your own research and/or seek professional advice with the full facts of your case and all documents to hand.