9:57 AM, 5th August 2014, About 9 years ago 9
We have a sale and rent back property owned for 6 years and 10 months now. Current tenants have been in occupancy since outset and are mother and son who is now aged 24 (father was also a named tenant at outset but died within 2 years). Both mother & son are named on the AST and signed witnessed etc…
My view is that they are joint tenants with joint and several liability. In the last few months a rent arrears has occurred (always fine before) and I have suggested to the mother that she ensures her son is aware of the debt as he is also liable for it. Her response is she did not know he was a Joint Tenant and if so, she has been incorrectly claiming to high a level of Housing Benefit. I have no idea how HB entitlement works, and obviously her claim is her responsibility and nothing to do with me as Landlord. Although as her recent payment of rent has been sporadic, we now have her HB being paid direct us as Landlords.
The end play is unavoidable in that we will have to go to court seeking eviction once over 2 months arrears, but any information on the Joint Tenancy affecting rates of HB would be appreciated.
If anyone has experience of this please make yourself known as we want to do all we can to help her out.