UK Landlord Forum / Life

Dear Members

Advise needed with possession order.

I got possession order against two tenants using section 8 notice for possession & money claim
Agreement is AST with Joint and several liability
One of the tenant has left the property after notice to quit at end of the contract however
other tenant stayed back and acquired rent arrears.

Due to solicitor error, we got default judgement for both of them instead of one.

Can i set aside a default judge for only one tenant and enforce the CCJ on other in Joint and several liability ?
Or i have to set aside the judgement for both the tenants and start from fresh ?

Quote from: ipal on March 20, 2023, 01:30:59 PM
Due to solicitor error...

Just wondering... why isn't your solicitor:

  1. Advising you?

  2. Correcting their error?


I also wonder what action the tenant who left after notice to quit could take against you for landing them with a judgement against their name?

I don't think the solicitor has made an error. If the tenants are joint and several, the liability for rent is joint and several, until the tenancy ends. If the notice didn't end the tenancy, that sounds like the right outcome.