Part of joint tenancy assigned; damage

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    Part of joint tenancy assigned; damage

    A house is let to four individuals (AST, joint & several liability) on 1 January 2009, inventory and condition being agreed. On 1 April 2009 one individual leaves, being replaced by another T to whom his tenancy is assigned. On 1 August 2009 another is replaced and all four sign a new one year tenancy agreement. At no point is a new inventory undertaken.

    On 31 July 2010 at the end of the tenancy it is discovered that at some point over the previous 19 months the property has suffered damage.

    Whom, if anybody, can L pursue?

    #2
    I have heard of similar scenarios before and always concluded that its far to complex to determine a resolution that is just & fair to all parties.

    The first tenant to leave .....in fact any tenant that leaves before the end of the contract........should trigger a new AST (joint & several for all), a new inventory and any other admin requirements at their cost. The objective would be to return the tenancy, as near as is possibe, to its original condition and at nil cost to the landlord.

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      #3
      Originally posted by Telometer View Post
      A house is let to four individuals (AST, joint & several liability) on 1 January 2009, inventory and condition being agreed. On 1 April 2009 one individual leaves, being replaced by another T to whom his tenancy is assigned. On 1 August 2009 another is replaced and all four sign a new one year tenancy agreement. At no point is a new inventory undertaken.

      On 31 July 2010 at the end of the tenancy it is discovered that at some point over the previous 19 months the property has suffered damage.

      Whom, if anybody, can L pursue?
      How amenable would they be to agreeing a new inventory at this point?

      Might be worth pointing out to them that if they do so, they will not be pursued for any damage which has already been done by anyone in the original 'gang of four', but will be starting with a clean slate.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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