Joint tenancies are a central feature of the English private rented sector — shared houses, student lets, and couples renting together all typically use them. Understanding the legal mechanics is essential: get them wrong and you face defective possession notices, unenforceable deposit claims, or liability surprises.
The Renters' Rights Act 2025 has changed the framework from 1 May 2026. All fixed-term Assured Shorthold Tenancies are abolished, including joint ASTs. Every new joint tenancy must be a Periodic Assured Tenancy. This affects how notices work, how tenant changes are handled, and how individual tenants can end their interest.
Joint and several liability — the landlord's most important tool
Joint and several liability means each joint tenant is individually responsible for the full rent — not just their share. In practice:
- If the rent is £1,500/month and one of three tenants stops paying, each remaining tenant is still liable for their share — but you can sue any one tenant for the entire £1,500
- You do not have to pursue each tenant proportionally — pursue the one most likely to pay (or all of them)
- Arrears continue to accrue against all joint tenants until the tenancy ends, even if one tenant has physically moved out
- Releasing a joint tenant from liability requires a signed deed of surrender or a new tenancy agreement — informal agreement that they have 'left' is not sufficient
- Guarantors in joint tenancies are typically liable only for their named tenant's share — read the guarantor deed carefully
Deposit protection for joint tenancies
The deposit protection rules are the same for joint and sole tenancies — but multiple tenants creates extra obligations:
- Protect the full deposit in an authorised scheme (DPS, MyDeposits, or TDS) within 30 days of receipt
- Prescribed Information must be served on every joint tenant — serving only one is a breach
- If one joint tenant is replaced mid-tenancy, you may need to re-protect the deposit and re-serve Prescribed Information to all new and remaining tenants
- At the end of the tenancy, release the deposit to the lead tenant or as jointly agreed — all joint tenants must consent to deductions
- Failing to protect the deposit or serve Prescribed Information on all tenants means you cannot serve a valid possession notice and face a penalty of 1–3× the deposit amount
Serving notices on joint tenants correctly
Notices must be served on every joint tenant individually. Common mistakes invalidate notices:
- Section 8 notice (Form 3A): serve on all joint tenants at their last known address — serving only one is defective
- Section 13 rent increase (Form 4A): serve on all joint tenants — any one of them can refer the proposed increase to the First-tier Tribunal
- Renters' Rights Act Information Sheet: serve on all joint tenants (for existing tenants, deadline 31 May 2026)
- Pet requests: each joint tenant has an individual right to request a pet — respond to each within 42 days in writing
- Keep proof of service for each notice served on each tenant (certificate of posting or signed receipt)
What happens when one joint tenant wants to leave?
Under the Renters' Rights Act 2025, a single joint tenant can give notice to quit — but this ends the entire tenancy for all tenants:
- One joint tenant serving notice ends the entire Periodic Assured Tenancy — the other tenants must vacate or negotiate a new agreement with you
- To allow a joint tenant to leave and be replaced, you must create a new tenancy agreement with the remaining and incoming tenants
- If you agree to a tenant replacement, conduct right-to-rent checks and full referencing on the incoming tenant before signing
- Release the departing tenant from liability via a properly executed deed of release — otherwise they remain liable for rent even after leaving
- Update the deposit protection — the scheme must reflect the current tenants on the agreement
Renters' Rights Act 2025 — key changes for joint tenants
From 1 May 2026, the following changes apply to all joint tenancies in England:
- All new joint tenancies must be Periodic Assured Tenancies — the fixed-term joint AST is no longer a lawful form
- All existing joint ASTs auto-converted to Periodic Assured Tenancies on 1 May 2026
- Section 21 no-fault possession is abolished — you must use Section 8 grounds (served on all joint tenants)
- Section 13 rent increases: all joint tenants can refer the increase to the First-tier Tribunal
- Pet requests: individual right for each joint tenant
Frequently asked questions
Can I evict one joint tenant without evicting the others?+
No — a possession order covers the entire tenancy and all joint tenants must vacate. You cannot selectively evict one joint tenant while the others remain on the same tenancy. If one tenant is causing problems (antisocial behaviour, non-payment), you must serve a Section 8 notice on all tenants and seek a possession order for the whole property. If the other tenants are paying and behaving well, this is a difficult situation — seek legal advice before serving a notice.
What happens to the deposit if one joint tenant leaves?+
The deposit is held for the whole tenancy — not divided by tenant. If one joint tenant leaves and is replaced, you should re-protect the deposit (or confirm it remains protected) and serve updated Prescribed Information on all current tenants including the new one. At the end of the tenancy, the deposit is returned to the lead tenant (or as the joint tenants agree). All joint tenants must agree to any deductions — if there is a dispute, use the deposit scheme's free alternative dispute resolution service.
Is a joint tenancy guarantor liable for all the rent?+
It depends on the guarantor agreement. Most guarantor agreements drafted for joint tenancies limit the guarantor's liability to their named tenant's share of the rent and any damage attributable to that tenant. However, some guarantor agreements are drafted to be joint and several — making each guarantor liable for the full rent. Always read the guarantor deed carefully. If you want guarantors jointly liable, the deed must say so explicitly and each guarantor must have received independent legal advice.
Can a joint tenant give notice and end the tenancy for everyone?+
Yes — under the Renters' Rights Act 2025, a single joint tenant serving notice to quit ends the entire Periodic Assured Tenancy. The other tenants must then either vacate or negotiate a new tenancy with the landlord. This is a significant change from the old common law position and means that a joint tenancy is not as stable as a sole tenancy for landlords — one departing tenant can force an end to the whole arrangement.
Do I need a new tenancy agreement if one joint tenant is replaced?+
Yes. Replacing one joint tenant requires a new tenancy agreement with the remaining and incoming tenants — you cannot simply substitute one name on the existing agreement. The existing tenancy must be surrendered and a new Periodic Assured Tenancy granted. Conduct right-to-rent checks and full referencing on the incoming tenant, protect the deposit afresh, and serve all required documents (How to Rent, Gas Safety, EICR, EPC, Prescribed Information) on the new joint tenants.