Joint Contract & arrears

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  • Joint Contract & arrears

    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

  • #2
    Yes, to third paragraph. There is ONE letting, albeit to three people forming 'the Tenant' so there's ONE deposit. L can claim arrears against it.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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    • #3
      Originally posted by jeffrey View Post
      Yes, to third paragraph. There is ONE letting, albeit to three people forming 'the Tenant' so there's ONE deposit. L can claim arrears against it.
      Hi Jeffrey,

      Thank you for that -much appreciated.

      Kind regards,

      John

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