What is a joint tenancy
Joint tenancy is a tenancy that is held between two people.
Both people:
- are responsible for upholding the tenancy conditions
- are responsible for paying the rent
- must be married or in a civil partnership with each other or cohabiting partners
- must be aged 18 years or over
Benefits of joint tenancy
Joint tenancy is a way of giving power to a loved one, for example, your spouse. This protects their rights and gives you both a say in the tenancy.
Be aware
By adding somebody else to your tenancy, you will no longer have complete control of your tenancy. This means if you or your joint tenant choose to end the tenancy, it will end the tenancy for both of you.
If one party ends the tenancy and the other tenant stays, the remaining person will be classed as an unlawful occupier.
There are three possible outcomes for the remaining person:
- they may be offered a new tenancy at the same property
- they may be asked to move to a smaller property
- they may not be offered another property
We recommend seeking legal advice to understand the implications of taking on a joint tenancy. You can contact an organisation such as Shelter.
Rent
There is no increase in rent for joint tenancy.
Starting a joint tenancy
To apply for a joint tenancy, both of you must meet the joint tenancy criteria.
If you are renting a new property together, you can ask for a joint tenancy from the start of your tenancy. This means you will have equal rights to the tenancy from the beginning.
When one person ends the joint tenancy
If one of you puts in notice to end your joint tenancy, it ends the tenancy for both of you. This means that the remaining person becomes an unlawful occupier (ULO).
There are three possible outcomes for the remaining person:
- they may be offered a new tenancy at the same property
- they may be asked to move to a smaller property
- they may not be offered another property
Page last updated: 19 May 2023
