How To Understand The Complexities Of A Joint Tenancy
Some tenants occupy rented property as individuals, but many more occupy as joint tenants, tenants in common or licensees.
Married or cohabiting couples are frequently joint tenants, but so also are groups of friends.
Whether they occupy as tenants or licensees, it is essential to understand the differences between them since each has its own set of characteristics and rules which will apply when it comes to granting renewal or termination.
Types of co-tenancy
There are only two types of co-tenancy or tenancies where there are occupiers who share the tenancy of a property.
Tenancy in common
Tenants in common
Tenants in common hold separate tenancies for their particular parts of the property they occupy but often share other parts - the common areas. The tenancies may frequently be granted at different times, rents, and for different terms of occupation. An example of tenants in common might be a student house in which the individual rooms have been let to varying students on separate tenancy agreements.
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Joint tenancies can be agreed upon with two or more people from the outset of the tenancy. Each can then be responsible jointly and severally (individually) for meeting the tenancy terms in full, including paying the rent. This is known as joint and several liability. Joint and several liability only arise where it is agreed upon. If nothing is agreed they will be jointly liable.