A joint tenancy is a tenancy where two or more people hold the tenancy together as a single unit. All joint tenants are equally liable for the full rent and all obligations under the tenancy agreement, this is called joint and several liability. It is the standard arrangement for friends or couples sharing a property, and it is fundamentally different from individual tenancies for each room.
Joint and several liability
Under joint and several liability, each tenant is individually liable for the full rent, not just their share. If one joint tenant stops paying, the landlord can pursue any or all of the other tenants for the full outstanding amount. This is one of the most important concepts in joint tenancy law:
- If one of four tenants fails to pay their quarter, the other three can be held liable for the entire shortfall
- The landlord does not have to pursue all tenants equally, they can claim the full debt from the most solvent tenant
- Tenants can then seek contribution from their fellow tenants, but this is a matter between the tenants
When one joint tenant wants to leave
Under a Periodic Assured Tenancy (the mandatory form from 1 May 2026), the rules on one tenant leaving are more complex:
- A joint tenant who serves a valid notice to quit on the landlord ends the tenancy for ALL joint tenants, not just themselves. This is still the position under the RRA 2025
- The remaining tenants have no automatic right to stay after the notice expires, they would need to negotiate a new tenancy
- Best practice: if one tenant wants to leave, agree a variation of the tenancy in writing, removing the departing tenant and (if applicable) adding a replacement, rather than serving a notice to quit
- The landlord's consent is required for a replacement tenant and should be accompanied by a deed of assignment or new tenancy agreement
Adding and removing joint tenants
- Adding a tenant requires landlord consent and a variation or new tenancy agreement
- Right to Rent checks must be carried out on the new tenant before they move in
- Deposit Prescribed Information must be re-served if the tenancy changes
- Removing a tenant from the agreement should be documented in a deed of surrender and re-grant or variation, informal verbal arrangements are unenforceable
Joint tenancy vs individual room-by-room lettings
A joint tenancy covers the whole property. An HMO let on individual room-by-room tenancies creates separate exclusive occupation agreements for each room with shared use of communal areas. The choice affects: licensing (HMO licensing thresholds are triggered more easily by room-by-room lets), rent recovery (no joint liability), and possession (each tenant's notice is independent). Take advice before choosing the structure for an HMO.