Understanding Sole and Joint Tenancy Agreements in Wales

Choosing between a sole or joint tenancy can significantly affect your rights and responsibilities as a renter in Wales. Knowing how these agreement types work under Welsh law will help you avoid misunderstandings and protect your housing security, especially if your circumstances change.

What is a Sole Tenancy?

A sole tenancy agreement means only one person is the legal tenant. This individual is fully responsible for paying rent, dealing with the landlord, and meeting all terms of the tenancy. If you live with others as a sole tenant, any roommates not named on the agreement are considered your guests or licensees, not tenants.

• Full responsibility: The sole tenant is responsible for the entire rent and for any property damage.
• Control over the tenancy: Only the sole tenant can give notice to leave, request changes, or end the agreement.

Sole tenancies can be helpful for individuals who want full control but can pose risks if you have to leave suddenly, as only you are liable during the tenancy.

What is a Joint Tenancy?

A joint tenancy means two or more people are named as legal tenants—often partners, friends, or housemates. All tenants share equal responsibility for the property.

• Shared liability: Each joint tenant is responsible for all rent and other obligations, not just their share.
• Collective rights: Any joint tenant can end the tenancy for everyone by giving notice, unless your agreement says otherwise.
• Survivorship: If one joint tenant leaves, the others remain liable unless the tenancy is formally changed.

Joint tenancy agreements are common for couples or friends sharing a home, but it's important to understand that if one tenant defaults on the rent, the others must cover the shortfall.

How Welsh Law Defines Tenancy Types

Most renters in Wales now hold an occupation contract under the Renting Homes (Wales) Act 2016^[1]. The official document sets out whether your contract is 'sole' or 'joint.' You and your landlord must both sign a written contract—this document details your status and responsibilities.

If you are unsure which type you have, check your written statement or ask your landlord for clarification. For official guidance, see the Welsh Government's model statements.

Ending or Changing a Tenancy Type

Changes to sole or joint tenancy can happen for many reasons—relationships change, people move out, or a new housemate wants to join. Welsh law provides some flexibility, but there are formal steps you must follow:

• For joint contracts, a contract-holder (tenant) can leave by serving a withdrawal notice.
• To add an additional contract-holder to an existing occupation contract, both the existing tenant(s) and the landlord must agree, and it must be formalised in writing.
• Always use official notice forms and communicate clearly and in writing with your landlord.

Key Official Forms for Renters in Wales

• Notice of withdrawal from joint contract (Form RHW24): Used when a joint contract-holder wishes to leave a joint occupation contract. For example, if one flatmate wants to move out, they must formally give written notice using this form.
  Official form and further guidance: Notice of withdrawal (Welsh Government).
• Written statement of occupation contract: This sets out whether the contract is sole or joint and the rights of all involved. You can consult the full model versions at the Welsh Government’s model occupation contracts page.

If you need to dispute a notice or resolve a tenancy disagreement, you can apply to the Residential Property Tribunal for Wales (the official body handling residential tenancy appeals and disputes).

What Happens if a Joint Tenant Leaves?

When one contract-holder in a joint contract gives notice to withdraw:

• The contract continues for the remaining tenant(s), if the landlord agrees.
• The departing tenant must use the RHW24 form and follow the notice period rules (usually one month's notice).
• The landlord must serve a new written statement on the remaining tenants.

Comparing Sole and Joint Tenancy: Pros and Cons

Here's a brief overview to help you decide which arrangement suits your situation:

• Sole Tenancy: More control but increased financial responsibility.
• Joint Tenancy: Shared responsibility but risk if a joint tenant cannot pay or wants to leave.

FAQ: Sole and Joint Tenancy in Wales

1. Can a joint contract-holder leave before the contract ends?
   Yes, a joint contract-holder can give written notice using the official RHW24 form. The remaining tenants and the landlord will then decide how the contract continues.
2. What happens if I want to add someone to my occupation contract?
   You must get your landlord's approval and update the written statement. All parties must agree in writing.
3. Who is responsible for arrears in a joint tenancy?
   All joint tenants are equally liable for rent arrears, regardless of who missed the payment.
4. Can my landlord remove a joint tenant without the others' consent?
   No, changes to the contract require agreement from all parties involved unless ordered by a court or tribunal.
5. Which tribunal handles tenancy disputes in Wales?
   The Residential Property Tribunal for Wales is your route for official appeals and decisions.

Conclusion: Key Takeaways

• Joint and sole tenancies offer different rights and responsibilities—choose based on your living situation and financial security.
• Always use the correct written form for changing or ending tenancy arrangements.
• If in doubt, seek official advice or consult the Residential Property Tribunal for Wales for formal disputes.

Need Help? Resources for Renters

• Welsh Government – Renting Homes: Guidance for Renters
• Model Written Statements and Occupation Contracts – sample agreements and templates
• Residential Property Tribunal for Wales – for disputes over contracts, notices, or evictions
• Shelter Cymru – Occupation Contract Guidance

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1. Renting Homes (Wales) Act 2016 – Full Legislation
2. Welsh Government: Renting Homes Programme
3. Residential Property Tribunal for Wales – Official Portal

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