Phone mediation with multiple tenants

[RogerB]

I have 4 tenants in one house that have all signed a lease. I understand that they are jointly and severally liable.

Wikipedia tells me that
" Under joint and several liability, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment."

There is definitely one tenant that "almost holds the show together". Two tenants have moved out. The unpaid rent /damages roughly = the bond. I rang tenancy services and the person who answered said the mediator will sort it out. He recommended I put all names on the application.

I worry that this may slow things down and wonder if I'd be better to just put 1 or 2 of them on the application. Any comments ?

[Keys]

Put them all on the application. Never vary from that option. Remember, it gives *you* the choice on who to hunt for.

[flyernzl]

Each and every one of those tenants who signed the agreement is responsible for the full amount that Tenancy Services say they owe you.
You are then able to chase every one of them for that amount, not just 1/4 for each one.
So you need to put all four names on the claim.

[RogerB]

Thank you for your replys

[FJW]

Like what Keys said, put them all on the application. If one person is responsible for the costs then unfortunately everyone on the application becomes liable however they can take that party to disputes tribunal to make a claim against them.

[Meehole]

Were all 4 tenants names on the bond lodgement form?

[Sharon]

one further issue to consider is Mediators often want authority or permission that the tenant speaking actually represents the others. In this respect the "jointly & severally" clause in our tenancy agreement (and I think one I picked up from this site) appears to go out the window or very much dependent on a Mediators mood swing.
By contrast TT has no such qualm

[Wayne]

Probably because mediators are there to mediate - find a consensus solution - and the TT is there to rule.
Would be hard to get a consensus if one of 4 turned up and they didn't speak for the others.

[Sharon]

in part that was my point, but many such mediated hearings fall over inside 1 minute on this very issue. The term J&S means very little to newby or less experienced Meds who in order to correctly mediate still require a reasonable knowledge of RTA.
Thats is not to tar all Mediators with same brush as we still have a few of the old experienced hands who really know their stuff and fairly good to get when these types of matters arise. Think it was Mr Keys who once put up a good J&S clause in TAs to deal with this very issue - sometimes it works but often luck of the draw stuff as to the experience of the staffer.