Joint Lease Agreement
This week I got an interesting question concerning the rights and responsibilities of a roommate if he or she moves out leaving the other to pay the rent. I propose to discuss some of the issues all parties need to consider. The Joint Tenancy There is a misconception that a joint tenancy arises where two people share a tenancy; however, in Burton v Camden LBC [2000] 2 AC 399, HL the fact that two people possess the property, at the same start date, holding equal rights and interests is not enough. The property owner must see section 149 Property Act Cap 236 intend to grant a joint tenancy to the individuals concerned by way of a tenancy agreement making the individuals joint tenants in shared accommodation based on the prior knowledge of the property owner. Paying Rent Once the agreement is in place joint tenants have 'joint and several liability' under the tenancy agreement, which means according to AG Securities v Vaughan 1990 1 AC 417 that they are each liable t
