Renting with friends, partners, or housemates often means signing a joint tenancy agreement. It’s a practical arrangement that lets multiple people share a property, but it comes with shared responsibilities that everyone needs to understand before signing.
Here’s what you need to know about joint tenancies, how they work, and what happens when circumstances change.
What is a joint tenancy?
A joint tenancy happens when two or more people sign the same tenancy agreement for a rental property. Most joint tenancies in England are assured shorthold tenancies, which remain the standard rental agreement for private lets. From 1 May 2026, the Renters’ Rights Act comes into force, introducing updated rules on tenant protections, notice periods, and landlord responsibilities. Despite these changes, multiple tenants will still be jointly and severally liable for the rent and the terms of the agreement.
This differs from separate tenancies, where each person has their own agreement for a specific room. With a joint tenancy, you’re all in it together- everyone signs the same document and becomes equally responsible for everything in that agreement.
Joint tenancies work well for couples, students, or groups of friends who plan to move in and out together. The arrangement assumes you trust each other to meet your obligations, because if one person falls short, it affects everyone.
Responsibilities of joint tenants
When you sign a joint tenancy agreement, you’re accepting joint and several liability. This legal term means each tenant is responsible for fulfilling the entire tenancy agreement, not just their individual share.
Rent payments
All joint tenants are responsible for the full rent amount, not just their portion. You might agree amongst yourselves to split the rent equally or divide it based on room sizes, but the landlord doesn’t care how you arrange it internally. If one tenant doesn’t pay their share, the remaining tenants must cover the shortfall. The landlord can pursue any or all of you for the full rent if payments fall behind.
This joint responsibility protects landlords but means you need housemates you can rely on. If someone moves out without notice or stops paying, you’re still legally obligated to cover their share until the tenancy properly ends.
Property maintenance
Joint tenants share responsibility for looking after the property and following all terms in the tenancy agreement. If one person damages something or breaks a tenancy rule, all tenants can be held liable. The landlord can deduct repair costs from the shared deposit or take action against any or all of you.
This doesn’t mean you’re responsible for general repairs, landlords must handle maintenance issues like boiler breakdowns, damp, or structural problems. But you’re all expected to treat the property with reasonable care and report issues promptly.
Deposit management
Most joint tenancies involve one tenant being designated as the lead tenant for deposit purposes. This person’s details appear on the deposit protection scheme documentation, and when the tenancy ends, the deposit returns to them for distribution among all tenants.
The deposit scheme, landlord, or letting agent won’t divide the deposit between tenants- that’s the lead tenant’s responsibility. Make sure everyone knows who the lead tenant is and agrees on how any deductions should be split if damage occurs. Keep records of who paid what toward the deposit to avoid disputes later.
Related: 5 Steps to being a model tenant…and avoiding eviction
How joint tenancies work
Most joint tenancies for private rentals are assured shorthold tenancies that run on a periodic basis. This means they roll month-to-month (or week-to-week, depending on how rent is paid) without a set end date. Recent changes to rental law mean periodic tenancies are now standard across the sector, giving tenants flexibility to leave with proper notice while maintaining stability.
Your tenancy type
Your tenancy agreement will specify whether you’re on an assured shorthold tenancy or another arrangement. Most private rentals fall under assured shorthold tenancies, which provide certain protections and rights for both tenants and landlords.
Some joint tenancies, particularly older agreements or certain types of accommodation may still operate under fixed terms with set end dates. If your agreement has a fixed term, you’re committed to that period unless your agreement includes a break clause or everyone agrees to end it early. Check your tenancy agreement to understand which type you have.
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Giving notice on a joint tenancy
Here’s where joint tenancies get complicated: any single joint tenant can serve notice to end the tenancy for everyone. Even if the other tenants want to stay, one person’s notice terminates the entire tenancy. You don’t need everyone’s agreement.
This rule applies to most periodic joint tenancies and can create difficult situations when housemates have different plans. If you want to stay but another tenant serves notice, the tenancy ends for all of you. You can try negotiating with your landlord about signing a new agreement in your name only, but they’re not obligated to agree. They might prefer to find new tenants or adjust the rent.
Notice periods
The person serving notice must give the correct notice period. For most assured shorthold periodic tenancies, tenants typically need to give two months’ notice, though your specific agreement might allow for shorter periods. Always check your tenancy agreement for the exact requirement.
The notice must be in writing and delivered properly according to your tenancy terms. Keep proof that you’ve served notice correctly- take photos of posted letters or keep email confirmations.
If someone wants to leave
When one joint tenant wants to leave but others want to stay, you have a few options:
Find a replacement tenant that the landlord and all remaining tenants agree to. You’ll typically need to end the existing tenancy and create a new one with the replacement person’s name on it.
The remaining tenants take over the full tenancy, either keeping the same agreement or signing a new one. The landlord must agree to this arrangement.
Everyone gives notice and the tenancy ends, even if some tenants don’t want to leave. This is the legal position if one tenant insists on ending the tenancy.
Remember that if someone moves out without properly ending the tenancy, they remain legally responsible for rent and the property until the tenancy officially ends or their name is removed from the agreement.
Making joint tenancies work
Joint tenancies succeed when everyone communicates clearly and honours their commitments. Before signing, discuss what happens if someone wants to leave early, how you’ll handle rent payments, and who’ll manage dealings with the landlord.
Keep records of rent payments, maintenance requests, and any agreements you make amongst yourselves. If problems arise, address them early rather than letting issues build up.
If you’re considering a joint tenancy or have questions about your current agreement, talking to experienced letting professionals can help you understand your position and options. Contact your local Whitegates branch for straightforward advice about your tenancy.
