What is a joint tenancy?

A joint tenancy is a tenancy agreement where two or more people are named as tenants. All joint tenants share equal responsibility for the full rent and any obligations under the agreement, and all have equal rights to live in the property.

If you share a rented property with a partner, friend, or housemate, you may have a joint tenancy. This means each of you is individually liable for the entire rent, not just your share. If one joint tenant stops paying, the landlord can pursue any or all of the remaining tenants for the full amount. This is called "joint and several liability".

Joint tenants also share responsibility for the condition of the property and any obligations in the tenancy agreement. If a deposit dispute arises, it involves all named tenants, even if only one person caused the damage in question.

Under the Renters' Rights Act, a joint periodic tenancy can be ended by any one of the joint tenants giving two months' notice. This means that if one person decides to leave, the tenancy ends for everyone unless the remaining tenants negotiate a new tenancy with the landlord. This can create difficulties in shared housing situations, so it's worth discussing with your housemates before anyone serves notice.

Frequently asked questions

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What happens if one joint tenant wants to leave?

Under the Renters' Rights Act, any single joint tenant can end the tenancy by giving two months' notice. This ends the tenancy for all joint tenants. If the remaining tenants want to stay, they'll need to agree a new tenancy with the landlord.
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Can one joint tenant be removed from the agreement?

Only with the agreement of all parties, including the landlord. A joint tenant can't be unilaterally removed from the tenancy agreement. If someone needs to leave, the usual approach is to surrender the existing tenancy and create a new one with the remaining tenants.
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How is the deposit handled in a joint tenancy?

The deposit is usually paid as a single sum by the joint tenants and protected in one of the three deposit protection schemes. At the end of the tenancy, any dispute over deductions involves all named tenants. How the deposit is split between joint tenants is a private matter between them, not something the scheme gets involved in.
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