header-logo header-logo

13 February 2015
Issue: 7640 / Categories: Case law , Judicial line , In Court
printer mail-detail

Four tenants: one claimant

Four tenants have jointly paid a deposit for a residential property and one of them only has brought a claim against the landlord for its return at the end of the tenancy. Must the other three be joined as co-claimants and, if so, what happens if one or more of them has disappeared or is/are unwilling to litigate?

It is open to any one of the tenants to singularly bring the claim and then, if money was recovered in that claim, the lone claimant would be obliged to account to the co-tenants for their shares. The landlord would have a good defence to any claim subsequently brought against them by any of the co-tenants arising out of the same cause of action. Nevertheless, it is not inconceivable that the court might direct that the co-tenants be given an opportunity to be joined to the claim if it has material before it which suggests that the co-tenants might not receive their due share of the fruits of the litigation, particularly if the lone claimant is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll