Adding Someone to Your Tenancy in England: What Renters Need to Know

If your living situation in England is changing—perhaps a partner is moving in, or you want to formalise a flatmate’s status—you may be wondering how to add someone to your tenancy. This process isn’t always as simple as handing over a set of keys. There are important steps to take to ensure your tenancy remains legal and secure under English law. Here’s a clear, practical guide for renters.

Understanding Tenancy Agreements in England

Most renters in England have an Assured Shorthold Tenancy (AST) governed by the Housing Act 1988. Your rights and responsibilities—and those of your landlord—will depend on the type of tenancy and what’s stated in your agreement.

Joint vs. Sole Tenancy

• Sole Tenancy: Only your name is on the tenancy agreement.
• Joint Tenancy: More than one person shares equal legal responsibility for the property.

Adding someone officially usually means switching to a joint tenancy or starting a new agreement with both names on it.

Can You Add Someone to an Existing Tenancy?

Whether you can add someone depends on your agreement and your landlord’s approval. Landlords are not obliged to allow this, and you must never sublet or assign your tenancy without explicit written permission unless your contract says otherwise.

Always check your tenancy agreement for any terms about additional occupants or changes to named tenants.

When Might You Want to Add Someone?

• Your partner is moving in and you want equal legal rights.
• For a friend or family member to share legal responsibility for the rent and property.
• You want both tenants to have protection from eviction and deposit protection.

How to Add Someone: Step-by-Step for Renters

Below is a summary of the main steps for adding a person to your tenancy in England:

• Review your current tenancy agreement for clauses on changing tenants or joint tenancy rules.
• Speak to your landlord or letting agent. Permission is usually required to add a name to the tenancy.
• If permitted, your landlord will likely do one of the following:
  • End your current tenancy and start a new joint tenancy (most common).
  • Use a deed of assignment to add a tenant (less common, at landlord’s discretion).
• Sign any new or updated documents. Ensure all parties receive copies.
• Ask for confirmation that your deposit is protected in a government-approved scheme in all joint names.

Relevant Forms and Legal Documents

• Deed of Assignment
  • There’s no official government form for this, but some councils may supply their own. It’s a legal document transferring interest in your tenancy to another person.
  • Example: If you’re moving out and a friend takes your place, a deed of assignment can transfer your rights and responsibilities to them, with landlord approval.
  • You can see advice about assignments from official tenancy agreement guidance.
• New Tenancy Agreement
  • If your landlord prefers, a new AST can be drawn up with both tenants’ names listed jointly.
  • This is most common and ensures both parties are protected by law under the Housing Act 1988.

If there is a dispute over the changes or you’re facing difficulties, cases may be heard by the First-tier Tribunal (Property Chamber) in England.

Potential Implications of Adding a Tenant

It’s vital to consider what it means to add someone to your tenancy:

• All named tenants are
  All joint tenants share "joint and several liability", meaning each person can be held fully responsible for the entire rent and any damages.
• Your landlord may conduct new reference or credit checks.
• Your tenancy deposit must reflect all joint tenants.
• Your rent or other terms may change with a new agreement—review everything before signing.

Taking the time to clarify your rights and responsibilities helps avoid misunderstandings or legal issues later.

FAQ: Adding Tenants in England

1. Can I add someone to my tenancy without my landlord’s permission?
   No, you must always seek your landlord’s written approval before adding anyone to your tenancy. Adding a name without permission can breach your agreement and risk eviction.
2. What happens to my deposit if I add a new tenant?
   Your landlord must ensure the deposit is correctly protected in an approved scheme with all current tenants named. Ask for confirmation and details of the deposit scheme used.
3. Will adding someone affect my rent or other terms?
   It might. Landlords may update the agreement’s terms, including the rent amount or duration. Always review any revised agreement before signing.
4. Is there a government form for adding a new tenant?
   There’s no standard national form, but some local councils provide template "deed of assignment" documents. Usually, a new agreement is created.
5. What if my landlord refuses to add someone?
   Landlords have the right to refuse. You can discuss your situation, but unless your tenancy agreement allows it, there’s no automatic right to add tenants.

Conclusion: Key Takeaways

• Always get approval from your landlord before adding anyone to your tenancy in England.
• Switching to a joint tenancy commonly involves a new contract and new legal responsibilities for all named tenants.
• Review all legal documents carefully, and seek advice or mediation if you encounter difficulty.

Being informed about your rights and the legal process keeps your tenancy secure and avoids unnecessary disputes.

Need Help? Resources for Renters

• Tenancy agreement guidance (GOV.UK)
• Shelter England: Housing Advice
• First-tier Tribunal (Property Chamber) – Residential tenancies disputes
• Citizens Advice: Signing a tenancy agreement

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1. Housing Act 1988
2. GOV.UK - Tenancy agreements
3. First-tier Tribunal (Property Chamber), England

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