What to Do If a Joint Tenant Leaves a Rental in Wales

When living in shared accommodation in Wales, joint tenancies are common. But what should you do if one person wants to move out? Knowing your rights and steps to take under Welsh rental law is vital. This guide explains what happens if a flatmate leaves a joint contract, including rent, deposits, paperwork, and tribunal support for tenants in Wales.

Understanding Joint Tenancies in Wales

In Wales, most people renting with others will have a joint tenancy. This means everyone named on the agreement shares responsibility for paying rent and following the rules. Joint tenancies in Wales are usually governed by the Renting Homes (Wales) Act 2016¹ and supporting regulations.

• All joint tenants are "contract-holders" under Welsh law
• If one person leaves, remaining tenants may be affected
• Check your written contract for specific terms

What Happens If One Tenant Leaves?

When a joint tenant moves out before the contract ends, several important issues arise:

• Who pays the rent? All named contract-holders normally remain jointly responsible for rent until the tenancy ends or is changed officially.
• Deposit deductions: The landlord may be entitled to use the deposit to cover any unpaid rent or damage, regardless of which tenant caused the issue.
• Changing the tenancy: To remove someone from the agreement, you often need the landlord's written permission and may need a new contract.
• Replacing the tenant: The landlord may let a new tenant take their place. This process is sometimes called "assignment" of the contract.

If the departing tenant simply leaves without notice, this can leave other tenants liable for the full rent amount; it may also breach the tenancy, so communication is important at all stages.

Action Steps: What Should Remaining Tenants Do?

• Talk to your landlord: Inform them as soon as possible. Ask if they're willing to sign a new or updated contract.
• Get all changes in writing: Never rely solely on verbal agreements.
• Check if you need to sign a new contract: Sometimes the existing agreement must end, and a new one starts with the remaining tenants.
• Seek advice if you're being asked to leave: You cannot be evicted without due process under Welsh law.

Key Forms and Where to Find Them

• Notice to end a joint contract (joint contract-holder’s notice):
  In Wales under the Renting Homes Act, a joint contract-holder can end their interest in the contract by giving written notice (minimum 4 weeks). This should be done using your contract’s procedures, or you can use a standard withdrawal notice form provided by the Welsh Government.
  Example: Sioned wants to leave the shared flat. She gives the landlord 4 weeks’ written notice using the withdrawal notice template from the official Welsh Government website.
• Notice to Assign (Assignment of a contract-holder):
  If you want to transfer your interest in the contract to a new person (assignment), use the assignment of contract-holder form.
  Example: Tom finds a replacement to take over his share. He sends a formal assignment notice and gets the landlord’s agreement to swap tenants.

Official templates and guidance for all withdrawal, assignment, and notice forms are at the Welsh Government’s Renting Homes forms page.

What If There’s a Dispute?

If a disagreement arises—for example, about who owes rent or whether the new tenant is acceptable—the matter can be referred to the Residential Property Tribunal Wales. This tribunal resolves disputes between tenants and landlords or among tenants, under the Renting Homes (Wales) Act.

Summary: Key Points for Renters

• All joint tenants in Wales are responsible for the whole rent and tenancy obligations until the contract changes or ends
• To leave, a joint contract-holder must give 4 weeks’ written notice, or you can collectively agree to end and start a new contract
• Use proper forms for notice or assignment, available from the Welsh Government
• Disputes can be handled by the Residential Property Tribunal Wales

1. Can I stop paying my share if a flatmate leaves?
   No. Under a joint tenancy, all contract-holders remain liable for the full rent until the agreement is formally changed or ended.
2. How do I remove a joint tenant from our contract?
   The departing contract-holder should give written withdrawal notice (minimum 4 weeks), and you may need to sign a new contract. Use the Welsh Government notice forms linked above.
3. Can my landlord evict us if one person leaves?
   Not automatically. The landlord must follow the proper legal process for eviction under the Renting Homes (Wales) Act 2016.
4. Who gets the deposit back if a tenant leaves?
   The deposit is held against the whole group. Only when the tenancy ends or is reissued is the deposit typically returned, minus any agreed deductions.
5. Who can help if there is a dispute over who stays or leaves?
   You can apply to the Residential Property Tribunal Wales for a legal decision.

Need Help? Resources for Renters

• Welsh Government Renting Homes: Guidance for Renters
• Housing Advice Cymru – Free expert help for Welsh renters
• Residential Property Tribunal Wales – Dispute resolution
• Official Welsh Government Renting Homes Forms

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1. Renting Homes (Wales) Act 2016: official text

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