Removing a Joint Tenant in Wales: Your Practical Options

If you share a rented home in Wales under a joint tenancy, you might wonder if and how one tenant can be removed. This question often comes up when relationships break down, when a co-tenant moves out, or when you face disputes. Understanding your legal position and the right process can help reduce stress and ensure your rights are protected.

Understanding Joint Tenancies in Wales

In Wales, most private tenants since 1 December 2022 have a joint occupation contract, rather than a traditional tenancy, under the Renting Homes (Wales) Act 2016. When two or more people sign an occupation contract with a landlord, all are equally responsible for the contract terms. That means rent, repairs, and following the rules are shared duties. Learn more about joint contracts from the Welsh Government.

Can a Tenant Be Removed from a Joint Tenancy?

You cannot simply remove a tenant from a joint contract yourself. Removing a name requires either:

• The agreement of all joint contract holders—including the person being removed—and the landlord.
• Or, a formal process through the Residential Property Tribunal Wales, especially in cases of dispute.

If all parties agree, it's usually a straightforward process, but if there is disagreement, legal steps may be needed.

Key Legal Terms Explained

• Joint contract holder: Anyone named on the occupation contract for a rented property.
• Occupation contract: The legal agreement between you and your landlord (replaces most types of tenancy in Wales).

How to Remove a Tenant from a Joint Tenancy: Official Process

If everyone agrees, removing a contract holder is mainly an administrative step. If not, formal legal action may be needed. Here’s what you need to know:

1. By Mutual Consent

• All joint contract holders (including the person leaving) and the landlord must agree in writing.
• The landlord will issue a Written Statement of Variation (no official form number). This updates the contract to remove a name and continues the tenancy with remaining occupants.
• Example: If your flatmate moves out amicably, ask your landlord to process a contract variation. Each person should confirm their agreement in writing.
• Welsh Government guidance on removing a contract holder

2. If There Is Disagreement: Applying to the Tribunal

If one tenant refuses to leave or there's a dispute, you may need to apply to the Residential Property Tribunal Wales. The law allows contract holders or landlords to seek a tribunal decision to transfer a contract in cases such as relationship breakdown or domestic abuse.

• Form RHW23: Application to Transfer an Occupation Contract
  Used to ask the Tribunal to transfer a joint contract to a sole name in qualifying circumstances, such as in cases of marital/civil partnership breakdown.
  Download Form RHW23 and guidance
• Practical Example: If an abusive ex-partner refuses to leave, you may use RHW23 to apply for a sole contract in your name only.

The Tribunal will evaluate the situation and decide whether the contract should be transferred or a name should be removed.

Note: If the landlord seeks to evict all parties, they must follow the correct legal process and provide proper notice under the Renting Homes (Wales) Act 2016.

What Happens to the Rent and Responsibilities?

Until a name is formally removed, all joint contract holders remain liable for the full rent and any property damage. If you move out without updating the contract, you could still be held responsible legally.

FAQ: Removing a Joint Tenant in Wales

1. Can I remove someone from the contract if they’ve already moved out?
   Not automatically. You still need their agreement or a Tribunal order, or the landlord’s help to update the contract officially.
2. What happens if we can’t agree on who stays?
   The Residential Property Tribunal Wales can decide if the contract should be transferred. See Tribunal Wales.
3. Do I need to pay a fee to apply to the Tribunal?
   There is typically no fee for contract transfer applications via RHW23, but always check the latest guidance on the official site.
4. Am I still liable for rent after moving out if I’m named on the contract?
   Yes, until your name is officially removed from the contract, you are legally responsible for rent and property obligations.
5. Is the landlord responsible for removing a tenant’s name?
   Your landlord can only process this change with everyone’s written agreement or a Tribunal order.

Key Takeaways

• You usually cannot remove a joint tenant without their agreement or a Tribunal application.
• Official paperwork, like the Written Statement of Variation or Form RHW23, is required.
• All tenants remain liable for the contract until legally removed.

If in doubt, seek help from a professional or tenant advice service.

Need Help? Resources for Renters

• Welsh Government: Housing Information
• Shelter Cymru: Free Advice for Renters
• Residential Property Tribunal Wales
• Find your local council for local housing support

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1. Renting Homes (Wales) Act 2016 – official legislation
2. Welsh Government: Occupation Contracts Explained
3. RHW23 Application Form Guidance – Welsh Government
4. Residential Property Tribunal Wales – official tribunal site

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