Ending a Joint Tenancy Agreement in England: Key Steps for Renters
If you’re living in shared rented accommodation in England under a joint tenancy, understanding how to end your agreement is crucial—especially when housemates’ needs change. This guide explains your rights and responsibilities, how the law works, required forms, and practical actions you need to take to end a joint tenancy in England.
What Is a Joint Tenancy?
A joint tenancy is when two or more people sign a tenancy agreement together, making everyone jointly responsible for the rent, bills, and following the terms set out in the agreement. If one tenant leaves, it doesn't automatically end the agreement for everyone else. For most private renters in England, joint tenancies are usually Assured Shorthold Tenancies (ASTs), covered under the Housing Act 1988.[1]
How Can You End a Joint Tenancy?
Ending a joint tenancy in England depends on your agreement and whether it’s still in the fixed term or has become a rolling (periodic) tenancy. You need to follow the right legal steps to avoid ongoing responsibility for the property or rent.
During the Fixed Term
- Most fixed-term joint tenancies can only be ended early if all tenants and your landlord agree (for example, by using a ‘mutual surrender’).
- Some agreements include a break clause allowing early termination. Check your contract for details.
- If you leave without ending the tenancy properly, you could still be legally responsible for rent and the property.
After the Fixed Term (Periodic Tenancy)
- Any one joint tenant can give notice to end the whole tenancy if your agreement has become periodic (rolling weekly or monthly), unless your contract says otherwise.
- The notice must meet the required notice period (usually at least one month, ending on the tenancy’s rent day).
- When notice is given correctly, the tenancy ends for everyone.
Giving Notice: Step-by-Step
If you’re planning to end your joint tenancy, follow these essential steps:
- Check your agreement: Confirm if you are still in a fixed term or periodic tenancy and whether you have a break clause.
- Speak with housemates: Ending a joint tenancy usually ends it for everyone. Honest conversations can help avoid surprises and disputes.
- Write a notice: Send a written notice (email or letter) to your landlord, signed by the tenant(s) ending the tenancy.
- Meet the notice period: For periodic tenancies, this is usually at least one full rental period (e.g. 1 month for monthly contracts).
- Keep records: Save copies of notice letters or emails for your records.
For more on notice periods, see official guidance on ending your tenancy.
Relevant Official Forms
- Section 21 Notice (Form 6A): Used by landlords to end an AST, not tenants, but good to know if your landlord is ending the tenancy. Official form and instructions: Notice Seeking Possession of a Property Let on an Assured Shorthold Tenancy (Form 6A).
- Notice to Quit: There is no set government template for tenants, but your written notice must be clear, state the date you want to leave, and follow your agreement's rules. Example templates are provided on council or the official assured tenancy forms page.
Example: If Sarah and Tom are joint tenants on a monthly rolling AST, Sarah can write to the landlord giving one month’s notice. This notice ends the tenancy for both tenants on the chosen date, even if Tom wants to stay.
What Happens If Not All Tenants Want to Leave?
Ending a joint tenancy is an “all or nothing” process—if one person gives valid notice, it ends the contract for everyone. If some housemates want to stay:
- They can ask the landlord for a new tenancy agreement (a ‘novation’). The landlord is not obliged to agree.
- If the landlord is willing, a new tenancy can be drawn up in the names of those staying or add new tenants.
- Without a new agreement, all tenants must leave by the notice date.
If There’s a Dispute: Seeking Help
If you disagree with other housemates, or if the landlord refuses to create a new agreement, you may need advice or mediation. In some cases, disputes may go to the First-tier Tribunal (Property Chamber), which handles certain tenancy matters in England.
Summary of Key Steps
- Check if you are in the fixed or periodic tenancy period.
- Discuss with all joint tenants, then give proper written notice to the landlord.
- Ensure the notice period aligns with legal and contract requirements.
- Keep written records of communication and notice.
FAQ: Ending a Joint Tenancy in England
- Can just one person end a joint tenancy in England?
Yes. If you have a periodic (rolling) joint tenancy, any tenant can serve notice to end the whole tenancy for everyone. If you are in a fixed term, everyone’s consent—or a break clause—may be needed. - What notice period do I have to give?
For most periodic tenancies, you must give at least one month’s notice, ending with the rent date, unless your contract requires more. - Will I still be liable for rent if I move out before the end of the tenancy?
Yes, you remain responsible for rent and the property until the joint tenancy legally ends or a new agreement is set up. - Can the landlord refuse to let me leave a joint tenancy?
If you are in a fixed term, the landlord doesn’t have to accept ending the contract early unless there’s a break clause or everyone agrees. For a periodic tenancy, a valid notice normally ends it for all tenants. - What if other tenants want to stay?
The landlord can agree to a new tenancy for those wanting to stay, but they are not obliged to offer a new contract.
Need Help? Resources for Renters
- Ending your tenancy – GOV.UK: Official government guidance and advice.
- Tenant advice on ending a joint tenancy from Shelter England.
- First-tier Tribunal (Property Chamber): For tenancy disputes and arbitration.
- Shelter England’s housing advice helpline: 0808 800 4444
- Citizens Advice – Ending your tenancy as a joint tenant
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