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England

Joint tenancies

The law is changing

Private tenants will get new rights.

Renters' Rights Act changes start from 1 May 2026.

For now, your rights stay the same.

Getting your deposit back

The tenancy deposit you pay as joint tenants is treated as one single deposit.

That's why it is important to speak to the other joint tenants if you want to leave.

Your landlord can keep money from the deposit even if only one person caused damage or did not pay rent.

If everyone wants to move out

Ask the landlord to repay your deposit as soon as your joint tenancy ends.

It can be quicker and easier to get your deposit back if:

  • you know which scheme is protecting your deposit

  • you agree to an early check out inspection

  • your landlord does not have a reason to keep your deposit

More on how to get your deposit back.

If other tenants want to stay

You must end a joint tenancy correctly.

The other tenants and the person who replaces you need to start a new joint tenancy. They should sign a new tenancy agreement.

It's best that new tenants pay their deposit to the landlord when they agree a new tenancy.

The landlord can then return your share of the deposit to you.

If nobody else is moving in, you can:

  • ask the landlord to refund your share

  • ask the remaining tenants to make up the difference

More on moving out of a joint tenancy.

If your landlord wants to keep your deposit

Check when a landlord could keep your deposit.

Your deposit protection scheme can help if you want to challenge unfair deductions.

Tell the scheme that you want to raise a dispute.

Sometimes the lead tenant has to raise the dispute. Sometimes, any of you can.

Check with your scheme.

If the lead tenant does not return your share

You can:

  • ask the scheme to confirm the deposit was repaid to the lead tenant

  • write to the lead tenant to ask them to pay your share

If they still refuse, you could try to get the money back through a court.

This is called making a money claim or a small claim.

See Citizens Advice: deciding whether to make a small claim.

If your deposit was not protected

You can claim compensation from your landlord or agent if your deposit was not protected properly.

Each joint tenant must agree.

Your landlord might agree to a refund to avoid court action if they have broken the rules.

How to make a tenancy deposit compensation claim.

If you split up with your partner in a joint tenancy

You might not get your deposit money back straight away if you move out and your ex stays.

If the tenancy continues, you can ask the landlord or your ex to repay your share.

They do not have to agree even if you move out.

More on relationship breakdown in a joint private tenancy.

Last updated: 12 March 2026

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