Joint tenancies
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If you and your flatmates or housemates all signed a single tenancy agreement with a landlord when you moved in, you will have a joint tenancy. This means that you will all have exactly the same rights and responsibilities. If each of you signed a separate agreement with the landlord, you have separate tenancies.
Paying rent
Joint tenants are all jointly and individually responsible for paying the rent. If one tenant moves out without giving notice or is not paying their share, the others will be responsible for paying it for them. If none of you pay your rent, your landlord can pursue any one of you and ask you to pay the full amount. You will also be jointly and individually liable for paying any rent arrears, even if you were not personally responsible for them.
Paying a deposit
If you are moving into private rented accommodation, you will normally need to pay a deposit to cover any damage or unpaid rent. This is usually equivalent to one month’s rent.
Make sure you only pay the deposit directly to the landlord or letting agency, and (if you have an assured shorthold tenancy) that it is put into a tenancy deposit scheme to ensure that it is properly protected. If the deposit is not put into a tenancy deposit scheme, you may be entitled to compensation.
Deductions for damages
In a joint tenancy, the landlord normally takes a single deposit for the whole of the tenancy. If one joint tenant fails to pay their share of the rent, or if they cause damage to the property, then the landlord is entitled to deduct the shortfall or damage from the deposit. It will then be for you and the other joint tenants to decide how to divide up the remaining deposit when it is returned.
Replacing a joint tenant
If you are replacing another tenant who is moving out, they may ask you to pay the deposit to them instead. This isn't generally a good idea. If the tenant who is moving out has caused any damage to the property or left any unpaid bills, the landlord will be able to deduct these costs from the deposit when you move out, which could leave you out of pocket.
Get advice if you are in this situation. It might be better to ask the landlord to give a new tenancy agreement to the tenants who will be staying on.
Can we make changes to the tenancy?
You will need to get written permission from the other joint tenants if you want to:
- carry out improvements to the property
- pass on (assign) your tenancy to someone else.
Bear in mind that in most cases you will also need your landlord's permission to do any of these things, or if you want to take in a lodger – for example.
Can one joint tenant end the whole tenancy?
The rules on how and when a tenancy can be ended depend on whether the tenancy is fixed-term (ie for a set period of time) or periodic (ie rolling from week to week or month to month). See the section on ending a tenancy for more information. If you're thinking about leaving, be sure to discuss it with the other joint tenant(s) before you take any action.
If you have a fixed-term tenancy the tenancy cannot be ended early unless all of the joint tenants agree and either:
- your landlord agrees that the tenancy can end early (this is called a ‘surrender’), or
- there is a ‘break clause’ in your tenancy agreement, which allows you to give notice and leave early.
If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. However, the landlord must be given a valid written notice and there are special rules about how and when this must be done.
What if someone wants to leave and others want to stay?
If you want to leave a joint tenancy, it is usually best to discuss it with the other joint tenant(s) before you take any action.
If the other joint tenant(s) don't want to move out, they can try to negotiate a new agreement with the landlord.
The remaining tenants may be able to:
- find another person to take on the tenancy of the person who wants to leave (the landlord would have to agree to this), or
- agree with the other joint tenants to stay on and pay the extra rent themselves.
Your landlord may decide to:
- give the other tenants a new tenancy agreement, listing the new tenants (in practice, your landlord might not bother to do this)
- accept the rent from the new tenant – in which case the new tenant should have the same rights as a tenant whose name is actually on the tenancy agreement.
However, this is a very complicated area of law and you should get advice from a solicitor or an adviser specialising in housing law.
Ending joint tenancies can be complicated – get advice from Shelter's free housing advice helpline, a Shelter advice centre or Citizens Advice Bureau if you're not sure what to do in this situation. Use the Advice Services Directory to find help near you.
What are the rules on eviction of joint tenants?
Your landlord cannot evict one joint tenant without evicting all the others. Instead, your landlord may be able to end the tenancy (using the procedures for eviction) and offer a new one to the remaining tenants.
If you are in this situation and you want to stay, it is essential that you talk to your landlord as soon as possible. If you need help or are at risk of becoming homeless, use our directory to find an adviser in your local area.
What happens if joint tenants who are in a relationship split up?
The end of a relationship is always stressful, but can be far worse if it also puts you at risk of losing your home. If you are worried that this may happen, get advice as soon as you possibly can. You may have rights that you are not aware of. For example:
- it may be possible for your joint tenancy to be transferred into one person’s name - this can sometimes be done even if the other joint tenant won’t agree to it
- it may be possible to stop the other joint tenant from ending the tenancy by applying for an occupation order or an injunction
- if domestic violence, it may be possible to apply for a court order to keep the perpetrator out of your home.
See our pages on relationship breakdown for information about your rights and options.
Problems with joint tenancies
If you have a problem with another joint tenant you will normally have to sort these out yourself. The landlord will usually be reluctant to get involved, although council or housing associations are more likely to get involved than private landlords.
The page on problems with housemates looks at ways of resolving any difficulties you may have sharing a home, including what to do if a tenant refuses to pay their way.
