Joint Tenancies Explained: What Happens When One Tenant Gives Notice

Joint tenancies are common in the private rented sector, particularly in shared houses or among couples renting together.

However, under the Renters’ Rights Act, the rules around notice in periodic tenancies mean that if one tenant gives notice, it ends the tenancy for everyone. This can create uncertainty for remaining tenants and additional work for landlords, so it’s important to understand the implications and available options.

A joint tenancy means that all named tenants share equal responsibility for the property, rent, and any damage or arrears.

• Every tenant has the same rights and obligations.

• All tenants are jointly and severally liable, meaning the landlord can pursue one or all tenants for unpaid rent or damage.

• The tenancy is treated as one legal agreement, not separate contracts for each person.

This structure is different from a “by-the-room” arrangement, where each tenant signs their own tenancy agreement (often seen in Houses in Multiple Occupation, or HMOs).

Under the Renters’ Rights Act, all tenancies will become assured periodic tenancies, continuing indefinitely until ended by notice from either the tenant or the landlord.

In a joint tenancy, when one tenant serves notice to quit, that notice:

• Ends the tenancy for all tenants.

• Applies automatically, the other tenants cannot simply “stay on” under the same contract.

• Must be in writing and give two months’ notice, ending on the last day of a rent period. 

Even if the other tenants wish to remain, the tenancy as it exists legally comes to an end once the notice expires.

This rule can have practical implications:

• For landlords: it affects rent continuity and may lead to a short void period if the remaining tenants need to reapply or be replaced.

• For tenants: it can create challenges if one housemate decides to move out unexpectedly, as the others may need to reapply or negotiate a new agreement.

The change aims to create a clear, consistent legal process, ensuring both parties know exactly when and how a tenancy ends, avoiding “grey areas” or partial notice disputes.

If one tenant gives notice but others wish to stay, there are several options:

1. Create a new tenancy agreement:

   The simplest approach is to end the current tenancy and start a new one with the remaining tenants (and any replacements).

   • This gives everyone a clean legal start.

   • If a new replacement tenant is found, referencing and affordability checks will need to apply.

2. Allow time for replacement tenants:

   The departing tenant’s notice can serve as a practical trigger to find a replacement before the notice period expires.

   • All parties should agree in writing to end the original tenancy early and start a new one with the replacement tenant.

3. Convert to individual tenancies (for HMOs):

   In shared houses, landlords can choose to issue separate tenancy agreements to each tenant.

   • This offers more flexibility when one person leaves.

   • It may, however, increase management time and compliance obligations.

4. Agree to a shorter notice period:

   Both landlord and all joint tenants can mutually agree to shorten or withdraw notice, but all tenants must consent. 

• Encourage tenants to communicate early if one plans to leave.

• Document notice properly, written, dated, and signed.

• Plan re-letting in advance to avoid empty periods.

• Update deposit registration whenever a new tenancy is created.

• Consider whether joint or individual tenancies best suit the property type and management style.

1. Can one tenant withdraw their notice after giving it?

Only if all tenants and the landlord agree in writing to disregard it. Otherwise, once given, the notice stands and will end the tenancy. 

2. What if the other tenants stay after the notice expires?

They become unauthorised occupiers unless a new tenancy has been created. Landlords should formalise their occupation immediately to avoid legal risk.

3. Is there a better alternative for shared houses?

Yes, for HMOs, consider individual tenancy agreements. This allows flexibility when one person moves out without affecting others.

4. How much notice must tenants give?

Two months’ written notice, ending on the last day of a rent period. The landlord and all tenants can agree to a shorter period if they wish.

Under the new rules, a joint tenancy is truly “joint”, all tenants share the same rights and responsibilities, and one tenant’s notice ends the tenancy for everyone.

For landlords, this reinforces the importance of clear communication and planning when managing shared properties. For tenants, it highlights the need for cooperation and understanding before anyone gives notice.

Handled well, this process can be straightforward, ensuring compliance, avoiding disputes, and maintaining a smooth transition between tenancies.