Pursuing only one tenant for a debt (WA)

Discussion in 'Property Management' started by smallbuyer, 23rd Mar, 2021.

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  1. smallbuyer

    smallbuyer Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    405
    Location:
    WA
    Hello,

    Just a questions for the property people if anyone has an idea, this is in WA. We have a house rented to 2 people, friend of a friend and their housemate. Friend of friend diligently paid ½ the rent, other person was rather slack with rent (and messy not a good tenant).

    Both on lease which is obviously jointly and severally liable but I would rather not go hard after the person who has done the right thing (apart from poor choice in housemate). Now it looks like the end of the lease is coming however, I would rather only pursue the person who hasn’t paid for missing rent (at least at first). Can I only pursue this person or must I pursue both? If I go to court, can I only take this person to court or do I have to get an order against both together?

    Cheers
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You could chase one, either or both.
     
    Ted Varrick and smallbuyer like this.
  3. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,834
    Location:
    Perth, WA
    The answer is in your own question!

    Yes you can.

    That's what 'severally' means.
     
    smallbuyer likes this.
  4. smallbuyer

    smallbuyer Well-Known Member

    Joined:
    25th Jun, 2015
    Posts:
    405
    Location:
    WA
    Thx 4 the quick replies. I always that meant u could sever someone's fingers at the joint if they didn't pay, that's what those bikies told me ;)