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 to pay the whole of the rent. The property owner could recover the whole of the rent from one of them or in the alternative bring proceedings against all of them.

Ending a Joint Tenancy (Tenant)

If there is a joint periodic tenancy (week to week or month to month) subsisting, a joint tenant can as in  Greenwich LBC v McGrady (1983) 6 HLR 36, CA unilaterally serve a notice to quit on the property owner without serving a copy on or informing the other joint tenant. This striking feature of a joint tenancy is however not applicable where there is a fixed term tenancy (start and end date) unless there is a break clause.

Ending a Joint Tenancy (Property Owner)

A valid notice to quit Hammersmith and Fulham LBC v Monk [1991] UKHL 6 served by the property owner relating to the particular type of tenancy, on any one of the joint tenants, is sufficient to end the tenancy in respect of all joint tenants.

Ending a Joint Tenancy (Surrender)

In Barbados, the applicable legislation is section 165 Barbados Property Act Cap 236 when surrendering but what is more important is who can surrender. Clearly, the head tenant in Seward v Drew 1898 78 LT 19 with whom the property owner has a contractual relationship could surrender. If the relationship consists of two tenants, then Weddall v Capes 1836 1 M & W 50 @ 52 applies which means both tenants must surrender at the same time in writing.

CONCLUSIONS

The situation that presented this week seems more like a subtenant of the head tenant without the knowledge of the property owner. This means the sub tenant could leave the head tenant to pay the rent on her own. They are two other situations the subtenant must consider before walking. First, their liability see Kimber v Kimber [2000] 1 FLR 383 under an informal arrangement to pay the rent with the head tenant could spill over in my estimation to even after vacating the property. Second, if in a marriage or union other than a marriage, the sub tenant could be liable pursuant to section 4 Maintenance Act Cap 216 for maintenance and should seek legal advice on the mentioned situations.

I hope this helps.