In some situations, the law determines whether the liability is joint and several. Two that often occur in the real estate context concern municipal tax and divorce. With regard to the municipal tax, a resident spouse is jointly and severally liable, even if it is not mentioned on the rental contract or the deed of ownership. With regard to divorce, if a court orders that a lease be transferred to the spouse without a tenant, it may also order that both spouses be jointly and severally liable for all obligations, whether they already exist or not. If you replace another tenant in an existing joint tenancy agreement, you normally have to pay your share of the deposit to the landlord or real estate agent, not the outgoing tenant. A guaranteed shorthold rental contract is a legally binding contract between the lessor and the tenant that sets the conditions of occupation of the property in question by the tenant. If the remission has not taken place, the new tenant is the subtenant or licensee of the existing tenants. The maximum number of tenants likely to have a legal interest in the land is limited to four.  If more than four people participate in a single lease agreement, the first four tenants (the “trustees”) own the legal estate that makes up the trust agreement for the rest (the “beneficiaries”). Although economic tenants do not hold a “legal” stake (their shares are held only “in equity”, they are nevertheless protected by the legislation on residential rental contracts (e.g. B empty leases guaranteed under the Housing Act 1988). There is no minimum term for a guaranteed short-term lease, although this type of contract is usually between 6 months and 3 years.
A lessor must protect any surety received under a short-term rental agreement guaranteed under a state-recognized rental guarantee system and provide the required information. In the context of a joint short-term rental agreement, the service of the prescribed information on the “main tenant” (if one of them has been designated) or a single notification addressed to all common tenants will probably be sufficient. However, the name and contact details of each common tenant must be included. There are obligations that you and your landlord have, which may not be stipulated in the contract, but which are prescribed by law and are implicit in all rental agreements. These conditions are part of the contract, even if they have not been expressly agreed between you and your landlord. In Scotland, your landlord must, in most cases, present a written lease. In particular, your landlord must submit a written lease if you are a tenant of a dwelling in the public sector or if you are an insured or briefly insured tenant of a private lessor. It can be argued that an advantageous tenant (but not an agent) can leave a rental agreement if all other common tenants and the landlord agree. The contract would amount to an amendment to the contract and, since the economic tenant would have no legal interest, a clear and clear presumption that he is no longer bound by the terms of the lease would relieve him of his obligations and protect him from any future claims. If the lessor decides to bring a single action against a single defendant, the defendant alone may ask the court to join the other tenants and/or the surety as a party to the proceedings, instead of bearing alone the stress of the legal proceedings and possible liability….Back to Blog