Safeguard – is rent arrears the claimants

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  • #39837
    simon
    Participant

    I am dealing with an “appeal” regarding a safeguard decision where it has been decided not to pay the landlord.

    The landlord is arguing that though the claimants “arrear” does not exceed 8 weeks the arrear for the tenancy does.

    The claimant is a joint tenant with one other and the total arrear is over eight weeks which mainly appears to be due to the other joint tenant not making payments. Does this mean we have to make direct payment as our claimant is joint and severally liable to the whole arrear?

    #113614
    Kevin D
    Participant

    If the liability under the tenancy is “joint and several”, the LL may well have an argument. By analogy (uh oh!), if two people are jointly and severally liable for CTAX, each is liable for the full (same) amount and any arrears caused by one person would still be legally recoverable from the “good guy”.

    #113616
    Andy Thurman
    Keymaster

    I agree – if the arrears are apportioned as being to one tenant rather than both, it isn’t a genuine joint tenancy!!

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