Joint tenants and 13 weeks protection

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  • #44457
    fraserh
    Participant

    Opinion please  – we had a query from a prospective claimant who was (is) a joint tenant with a friend. The friend decided to leave the tenancy leaving our prospective claimant with the whole rental liability (the agreement when originally created was in joint names) – the letting agent hasn't given the tenant a new tenancy but is holding her liable for the rent on the grounds of joint and several liability. The claimant is working and would not qualify on her half of the rent due to her income.

    The question is: would a 13 week protection apply due to this change in the claimant's circumstances. She was able to afford her half of the rent previously, but due to the other joint tenant leaving she is no longer able to afford it but there is no new tenancy in her name (and if there were would that make a difference?)

    #125784
    nickkeogh
    Participant

    Don’t see why not – as long as the financial commitments for the property (not just the rent and not just the claimant’s half) could be met when the tenancy was entered into then the affordability side is met.

    And if the joint tenant has now left the property then you can treat the remaining tenant as 100% liable as well regardless of whether or not the landlord will grant a new tenancy for the remaining tenant.

    #125806
    fraserh
    Participant

    Thanks Nick

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