If you’re sharing a rented home with flatmates or family members, the legal document you’re all signing is almost certainly a joint tenancy. Under the Renters’ Rights Act 2025, which became law in October 2025, the rules around these agreements have changed more than they have in decades. The biggest shift is that from 1 May 2026, all new tenancies must be rolling periodic contracts — no more fixed-term agreements. That changes how joint tenants can leave, how rent increases work, and what happens if one person stops paying. I’ve been following these reforms closely, and the most common question I hear is: “If my flatmate moves out, am I stuck with their share of the rent?” The answer is more complicated than most people realise, and getting it wrong can cost thousands.
These reforms are the biggest shake-up to renting in 40 years. If you’re a tenant sharing with others, or a landlord managing a multi-tenant property, the rules around liability, deposits, and notices have all shifted. Here’s what you actually need to know.
What Joint and Several Liability Actually Means for You
The most important concept in a joint tenancy is joint and several liability. It sounds like legal jargon, but it has a very practical consequence: if you share a house with three other people and the rent is £1,200 a month, and one person stops paying, the landlord can come after you for the full £1,200 — not just your quarter. That’s because each tenant is individually liable for the entire rent, not just their share. I’ve seen this catch people out when a flatmate loses their job or simply disappears. The landlord doesn’t have to chase the person who stopped paying; they can pursue whoever has the money.
This also applies to guarantors. If you have a guarantor, they are typically liable only for your share — but you must check the wording of the guarantor agreement carefully. Some agreements make the guarantor jointly and severally liable for the whole rent too. My advice: read the guarantor clause before anyone signs. If you’re a tenant, understanding these hidden financial risks is just as important as knowing the monthly rent.
Why the 2026 Changes Matter for Joint Tenants
The shift to periodic tenancies from 1 May 2026 changes the dynamics significantly. Under the old system, a fixed-term AST locked everyone in for six or twelve months. If someone wanted to leave early, they were usually stuck unless the landlord agreed to a replacement. Now, because all tenancies are rolling periodic contracts, any joint tenant can give two months’ notice and end their interest. But here’s the catch: that notice ends the entire tenancy for everyone. The remaining tenants don’t get to stay on the same agreement — they must either negotiate a new tenancy with the landlord or vacate.
This is a major shift. According to guidance on joint tenancies under the new rules, landlords should consider including a clause in the tenancy agreement setting out the process for tenant changes. But under periodic tenancy law, that clause cannot override the statutory right of a tenant to end the tenancy. So if you’re living with people you don’t know well, or in a volatile situation, you need to be aware that one person’s decision can upend the whole household.
From a landlord’s perspective, the abolition of Section 21 “no-fault” evictions means you can no longer simply evict a problematic joint tenant without a valid legal reason. All evictions must now be based on evidence-supported Section 8 grounds, and those notices must be served on every joint tenant individually. Serving only the lead tenant is a defective notice that will be rejected by the court. If you’re a landlord, understanding how to manage long-term lets under these new rules is essential for avoiding costly mistakes.
Where Joint Tenants and Landlords Go Wrong
The most common mistakes I see fall into a few clear patterns. Each one can be expensive, but they’re all avoidable with the right knowledge.
Failing to Serve Notices on All Joint Tenants
This is the single biggest procedural error. A Section 8 notice, a Section 13 rent increase notice, or the new Information Sheet for existing tenants must be served on every joint tenant individually. Serving only the lead tenant or one tenant is defective. The court will reject it, and you’ll have to start the process again. For landlords, this means keeping accurate records of every tenant’s current address. For tenants, it means you should expect to receive your own copy of any legal notice — if you don’t, the process may not be valid against you.
Assuming a Verbal Agreement Releases a Leaving Tenant
If a joint tenant wants to leave and the landlord agrees informally — “Yeah, that’s fine, you can go” — that does not release them from liability. The tenant remains jointly and severally liable for rent and damages until a formal deed of surrender or a new tenancy agreement is signed. I’ve seen cases where a tenant moved out, the landlord verbally agreed, and then two years later the landlord pursued the former tenant for arrears accrued after they left. The court held the former tenant liable because there was no formal release. If you’re a tenant leaving, get it in writing. If you’re a landlord, get legal advice before signing a deed of surrender — it must be properly executed to be effective.
Deposit Protection Gaps with Joint Tenants
The deposit must be protected in an authorised scheme within 30 days of receipt, and Prescribed Information must be served on all joint tenants — not just the lead tenant. If one joint tenant is replaced mid-tenancy, you may need to re-protect the deposit and re-serve Prescribed Information. Failure to do this means you cannot serve a valid Section 8 notice and face a penalty of 1–3 times the deposit amount. For a £1,000 deposit, that’s a potential penalty of £3,000. This is one area where a small administrative slip can have huge financial consequences.
| Notice Type | Must Be Served On | Consequence If Missed |
|---|---|---|
| Section 8 (possession) | All joint tenants individually | Notice rejected by court |
| Section 13 (rent increase) | All joint tenants individually | Any tenant can refer to tribunal |
| Information Sheet (existing tenants) | All joint tenants individually | Fine of up to £7,000 |
| Pet request response | Each requesting tenant within 42 days | Unreasonable refusal may breach Act |
If you’re a landlord managing multiple tenants, a tenant union guide to renting in the UK can help you understand what tenants expect and what practices are now illegal, such as refusing tenants who receive benefits or have children.
How to Handle Joint Tenancies Under the New Rules
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The practical steps for both tenants and landlords have changed. Here’s what to do in the most common situations.
When a Joint Tenant Wants to Leave
Under the new periodic tenancy rules, a single joint tenant can give two months’ notice to quit. This ends the entire tenancy for everyone. The remaining tenants cannot simply stay on the same agreement — they must negotiate a new tenancy with the landlord. If you’re a remaining tenant, your first move should be to contact the landlord immediately to discuss a new agreement. If you’re the landlord, you should have a process ready for this scenario. Consider including a clause in the tenancy agreement that sets out how tenant changes will be handled, though remember this cannot override the statutory right to end the tenancy. If you want to allow one tenant to leave and be replaced, you will need to create a new tenancy agreement with the remaining and incoming tenants. A tenant landlord lawyer can help draft the correct documentation to ensure the departing tenant is properly released.
Managing Rent Increases with Joint Tenants
Rent can increase only once per year using the Section 13 process, with a minimum of two months’ written notice. The Form 4A must be served on all joint tenants individually. Any joint tenant can refer the proposed increase to the First-tier Tribunal if they believe it’s unfair. Rent review clauses in older agreements no longer apply from 1 May 2026. If you’re a tenant and you receive a rent increase notice, check that it was served on all named tenants — if it wasn’t, it may not be valid. If you’re a landlord, serve the notice on every tenant and keep proof of service.
Handling Pet Requests in a Joint Tenancy
Under the Renters’ Rights Act, tenants can request to keep a pet, and landlords must respond within 28 days and cannot refuse unreasonably. In a joint tenancy, each joint tenant can make a pet request individually, and you must respond to each within 42 days. This means one tenant could request a cat, another a dog, and you’d need to consider each request separately. If you’re a tenant, make sure your request is in writing. If you’re a landlord, have a clear policy and respond to each tenant individually. A carbon monoxide alarm is a sensible addition if a pet will be living in the property, as pets can be affected by CO leaks that humans might not notice.
What to Do About the New Information Sheet Requirement
From 1 May 2026, landlords must give tenants certain written information about key terms of the tenancy before signing. For existing tenancies signed before that date, landlords must give tenants a government-produced document called ‘The Renters’ Rights Act Information Sheet 2026′ by 31 May 2026. This must be served on all joint tenants named on the tenancy agreement. You can give it by printing a hard copy and posting it, or sending the PDF electronically as an attachment. If the tenancy is based entirely on a verbal agreement made before 1 May 2026, you cannot use the Information Sheet — you must provide the full written information about key terms instead. Failure to do this can result in a fine of up to £7,000. If you’re a tenant and you haven’t received this by 31 May 2026, contact your landlord and ask for it. If you’re a landlord, this beginner’s guide to renting in the UK covers the basics every landlord should know about their obligations.
- 1Identify all joint tenantsList every tenant named on the tenancy agreement. For existing tenancies, this includes anyone who signed the original agreement.
- 2Download the Information SheetGet the official PDF from gov.uk. It’s called ‘The Renters’ Rights Act Information Sheet 2026′.
- 3Serve on each tenant individuallyPrint and post a hard copy, or email the PDF as an attachment. Do not rely on one tenant to pass it on.
- 4Keep proof of serviceSave delivery receipts, read receipts, or signed confirmations. You may need to prove you served it if challenged.
Frequently Asked Questions
Can I be evicted if my flatmate stops paying rent? ▾
What happens if one joint tenant gives notice but the others want to stay? ▾
Do I need a guarantor for a joint tenancy? ▾
Can the landlord increase rent for just one joint tenant? ▾
What if I want to add a new flatmate to the tenancy? ▾
Can I be held liable for damage caused by another tenant? ▾
Sources and Further Reading
The UK’s most overlooked renting cost and how to avoid it — A practical look at the hidden expenses that catch tenants off guard, from deposit deductions to utility setup fees.
Tenancy agreements: written information for your tenant. GOV.UK, 2026.
Understanding the Renters’ Rights Act: what the 2026 changes mean for landlords and tenants in England. Banner Jones, 2026.
Joint tenancy guide 2026. Letsafe UK, 2026.
