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I have four tenants with a joint and several tenancy. They all owe me money, do I take action against each one or all of them?
I have a student property with four tenants who each owe me around £900. The tenancy is a joint and several tenancy and states that they are all jointly and severally liable for any arrears at the property. My question is - when I go to the Small Claims Court to recover the arrears, do I ask the Court to award me just what each person owes or do I ask the Court to award me the grand total amount due? I'm not clear how I can enforce person A to pay me the rent owed by persons B, C and D?
As the liability is joint and several you can sue and take enforcement proceedings against all of them for the entire amount. You will have to give credit for any monies that you recover from any of the former tenants when seeking to recover from the others.
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