What is joint and several liability?
In a joint tenancy, all tenants sign a single agreement and are jointly and severally liable for the full rent. This means your landlord can pursue any one tenant for the entire rent — not just their share. If your housemate stops paying, you are legally responsible for covering their portion.
This is the most important thing to understand about joint tenancies. It applies even if your agreement specifies individual room rates. If it is one contract signed by multiple people, joint and several liability almost certainly applies.
Adding or removing a tenant
You cannot add or remove a tenant from a joint tenancy without your landlord's consent. If a housemate wants to leave mid-tenancy, the usual process is:
- Agree a replacement tenant with your landlord
- The departing tenant surrenders their interest (which requires all joint tenants and the landlord to agree)
- A new tenancy agreement is signed, or the new tenant is added as a deed of assignment
If a tenant simply leaves without agreement, they remain legally liable for the rent until the tenancy formally ends — even if they have moved out.
Ending a joint tenancy
Under current law (before 1 May 2026), if any one joint tenant serves a valid notice to quit, it ends the tenancy for all joint tenants — even those who want to stay. This is a significant trap in fixed-term agreements with break clauses.
From 1 May 2026, all tenancies become periodic under the Renters' Rights Act 2025. In a periodic joint tenancy, any one joint tenant can give two months' notice, which will end the tenancy for all tenants. This cannot be changed by agreement. If you want to stay but your housemate gives notice, you will need to negotiate a new tenancy directly with the landlord.
Deposits in joint tenancies
In a joint tenancy, the deposit is typically paid as one sum and protected in a single deposit protection scheme entry. When the tenancy ends, the deposit is returned to whoever paid it — usually the lead tenant — and it is then up to the tenants to divide it among themselves.
This can cause problems if one tenant caused damage and others dispute the deductions. Photograph the property individually on move-in day, not just as a group. If you pay your share of the deposit directly to another tenant rather than the landlord, get written confirmation of this and the total amount protected.
If the deposit is not protected, any one joint tenant can bring a claim for 1x–3x the deposit amount. You do not all need to claim together.
Guarantors in joint tenancies
If one joint tenant has a guarantor, that guarantor is liable for that tenant's obligations only — not the entire rent — unless the guarantee explicitly states otherwise. Read guarantor agreements carefully. Some landlords require each tenant to provide a guarantor who is jointly and severally liable for the whole rent, which is a significant commitment.
Practical tips for joint tenants
- Keep records of every rent payment you make individually
- Agree in writing between yourselves how shared costs will be handled
- Do a joint move-in video walkthrough and send it to your landlord by email (timestamped evidence)
- Use Decode My Lease to check the tenancy agreement before anyone signs — problems affect all of you