Joinder of Action
- Where a party suing another enjoins a third party to the action, this describes a joinder of action.
- This could happen where a tenant sues a landlord for non payment of a deposit which was returned erroneously by the agent to the landlord and not the tenant. The agent is enjoined and must admit guilt and compensate or defend the action -despite the agent no longer holding the deposit.
- The agent might later recover the loss vicariously by claiming against the landlord. This is a messy resolution.
- The agent holding is responsible for the return of the deposit to the correct party.
- If the agent held as stakeholder he could refuse to return the deposit to either party until the landlord and tenant agree or failing this a court settles the matter.
- See stakeholder
Published: 28 September 2015
Last Updated: 17 November 2021