Joint tenancies (renting together)

WHAT A JOINT TENANCY MEANS

A joint tenancy means that everyone signs the same tenancy agreement for the whole property.

You are not renting 'your room' separately, you are all renting the entire property together.

This is very common for student houses and flats.

SHARED RESPONSIBILITY ('JOINT AND SEVERAL LIABILITY')

In a joint tenancy:

everyone is equally responsible for:
- paying the full rent
- looking after the whole property
- complying with the tenancy agreement

This means:

if one person doesn't pay rent, the landlord can pursue any or all of you
damage caused by one person can affect everyone's deposit.

In a joint tenancy it generally doesn't matter who caused the problem - legally you are treated as one group.

ENDING A JOINT TENANCY - THE KEY RISK

Under the new system:

any one joint tenant can usually end the tenancy for everyone
this is done by giving the required notice
once that notice expires, the tenancy ends for the whole household.

This can happen:

even if the other tenants want to stay
even if the others were not consulted

This is one of the biggest risks in joint student tenancies.

NOTICE PERIODS

For most joint tenancies:

tenants must give at least 2 months' notice
the notice must usually end at the end of a rent period (usually the day before your next rent would be due)

The tenancy agreement cannot override this by forcing you to stay longer once the law applies.

CHANGES FROM 1 MAY 2026

From 1 May 2026:

joint tenancies become periodic by default
fixed terms fall away
notice rights apply throughout the tenancy, not just at the end

This increases flexibility but also increases the risk that one person leaving can destabilise the whole household.

COMMON SCENARIOS TO WATCH FOR

Joint tenancies can become problematic when:

one person drops out or interrupts their studies
one person wants to move out early
relationships within the house break down
replacement tenants can't be found.

Landlords are not required to let the remaining tenants stay unless a new agreement in made.

PRACTICAL ADVICE BEFORE SIGNING

Before agreeing to a joint tenancy, it's sensible to:

talk openly to each other about what happens if someone needs to leave
check whether the landlord/agent would allow:
- a replacement tenant, or
- a new joint agreement
understand that informal promises may not be legally binding (try to get any changes confirmed in writing and, ideally, added to or included in your tenancy agreement).

WHEN TO GET ADVICE

You should seek advice if:

someone in the household wants to give notice
you are being told you must stay because of a 'fixed term'
a landlord is pressuring only one person for full rent
your circumstances have changed unexpectedly.

Joint tenancies work best when everyone understands the risks up front.