Co-debtors—joint and several liability from a property perspective
Published by a LexisNexis Property Disputes expert
Practice notesCo-debtors—joint and several liability from a property perspective
Published by a LexisNexis Property Disputes expert
Practice notes
This Practice Note covers Joint and several liability of co-debtors, who can be sued under the different types of liability, how the courts interpret a covenant not to sue, what happens when the debtors are released, and the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995).
Joint and several liability
Where a covenant is given by two or more persons, they may be liable:
- •
jointly
- •
severally, or
- •
jointly and severally
The applicable liability is a question of construction and depends on the intention of the parties as evidenced by the terms of the relevant document. The presumption, in the absence of express provision is that liability is joint. An example of Joint liability is two persons who are jointly the tenant under a lease. An example of Several liability is the liability of the original tenant and an assignee of a lease to pay the rent. For liability to be several, special words of severance, while not absolutely necessary, are advisable.
Who can be sued?
Where liability is joint,
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Joint and several liability definition
What does Joint and several liability mean?
Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person.
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