What Happens If a Housemate Leaves a Joint Tenancy in Wales

If you rent a property with housemates in Wales, you may be worried about what happens when one person wants to leave before the end of your contract. Whether you live in a shared house, an HMO (House in Multiple Occupation), or with a lodger, it’s important to understand your rights and responsibilities if a housemate breaks the lease. This article explains the process, available forms, and practical steps for renters in Wales dealing with this situation.

Understanding Joint Tenancies in Shared Housing

Most renters in shared accommodation in Wales have a joint tenancy agreement. With a joint tenancy, all tenants are equally responsible for the rent and following the terms of the contract. If one person decides to leave early, it affects everyone on the lease.

• If you all signed one single agreement (a joint contract), you all share responsibility for payment and damages.
• If you each have your own separate agreement, your rights and responsibilities may differ.

What Is a ‘Contract-Holder’?

Under the Renting Homes (Wales) Act 2016, tenants are now called “contract-holders”, and tenancy agreements are “occupation contracts”^[1]. Most shared houses or HMOs fall under these rules.

When a Housemate Wants to Leave: What Can Happen?

When one contract-holder in a joint occupation contract gives notice and leaves, it can affect the rest of the household. Here’s what to expect:

• If one contract-holder gives notice: The notice can end the occupation contract for all joint contract-holders if not agreed otherwise.
• Your landlord’s rights: The landlord may end the contract for everyone or offer the remaining tenants a new contract. Communication is key.
• Responsibility until new agreement: Remaining housemates could still be responsible for rent and any breaches of contract until a new agreement is signed.

If you’re in this situation, talk to your landlord or letting agent as soon as possible. Ask if you can stay with a new or revised contract, or if you will all have to move out.

How Much Notice Must Be Given?

For a standard occupation contract, a contract-holder must usually give at least four weeks’ written notice^[2]. Your contract may set out a longer notice period. Notice should be in writing and clearly state the intended leaving date.

Relevant Forms and Practical Steps

There are no Wales-specific ‘tenant leaving’ forms for contract-holders. However, certain forms and action steps apply:

• Written Notice (usually a letter or email): A housemate leaving should provide written notice to the landlord and other contract-holders.
  Example: If Alex wishes to leave a shared tenancy, Alex should write to the landlord and copy in the other tenants, confirming the date they will leave. No official government form number is required in this case.
• Landlord's Notice—RHW19:
  The RHW19 Form is issued by landlords in Wales to give notice for a possession claim (to end a contract).
  Example: If all tenants are served a possession notice after a housemate leaves, this is the form the landlord should use. Renters should check if this form meets the legal requirements.
• Deposit Return: Make sure the landlord follows the correct process for returning a leaving housemate’s deposit. Read more at UK Government: Tenancy Deposit Protection.

What If There’s a Dispute?

If you and the remaining tenants cannot agree with the landlord or amongst yourselves, or if you are threatened with eviction, you can ask for help or challenge decisions with the Residential Property Tribunal Wales.

Find more information on their website: Residential Property Tribunal Wales.

Practical Steps for Remaining Tenants

• Talk with your landlord or letting agent at the first sign a housemate may leave early.
• Try to reach an agreement on a new contract, if you wish to stay.
• Make arrangements for paying rent and bills until the contract is updated.
• Apply in writing if you want to find a replacement housemate (with landlord approval).

It’s important to keep written records of all correspondence and agreements during this process.

FAQ: Housemates and Breaking Leases in Wales

1. What should I do if my housemate leaves without notice?
   If your housemate leaves without notice, tell your landlord as soon as possible. You could still be responsible for the full rent. Try to reach an agreement and seek advice if you’re at risk of eviction or arrears.
2. Can the landlord insist all tenants leave if one person breaks the lease?
   Yes, with a joint occupation contract, one person’s notice can end the whole agreement. However, landlords sometimes offer a new contract to the tenants remaining.
3. Do I have to pay my housemate’s share of the rent if they move out?
   Usually, yes, under a joint tenancy or joint occupation contract, all contract-holders are jointly responsible for the full rent until a new agreement is made.
4. How much notice must a housemate give before leaving in Wales?
   For most standard occupation contracts, at least four weeks’ notice in writing is required, but check your contract for specific terms.
5. Who can help me if I face eviction after a housemate leaves?
   You can contact Shelter Cymru for advice, or apply to the Residential Property Tribunal Wales if you think your eviction is not lawful.

Key Takeaways for Shared Housing Tenants

• If a housemate breaks a joint lease in Wales, the contract may end for everyone, so talk to your landlord early.
• Written notice is required from the leaving housemate and should be shared with the landlord and other tenants.
• You can seek advice or challenge unfair actions through official bodies like the Residential Property Tribunal Wales.

Act quickly, keep records, and ask for help if you’re worried about your rights or potential eviction.

Need Help? Resources for Renters in Wales

• UK Government: Tenancy Rights and Agreements — covers rights for tenants and contract-holders.
• Shelter Cymru — free expert advice for renters in Wales.
• Residential Property Tribunal Wales — official tribunal for rental disputes, notices, and evictions.
• Model Written Statements & Forms in Wales.
• UK Tenancy Deposit Protection.

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1. Renting Homes (Wales) Act 2016
2. RHW19: Notice for Possession (Welsh Government)

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