Joint Tenancy Agreement

This page provides information on joint tenancy agreements and when they should be used.

There are two types of tenancy agreements. The most popular tenancy agreement is the individual Assured Shorthold Tenancy Agreement. However, if you and a significant other desire to rent a property together, you may decide that a joint tenancy agreement is better for you. A joint tenancy agreement is a lot like it sounds. The agreement means that the property will be shared by more than one tenant and that both tenants will be jointly responsible for the rent. Both tenants will be held to the same terms because they signed a joint tenancy agreement.

In a joint tenancy, both or all parties that signed the agreement are jointly liable for the obligations relating to the rented property. All of the conditions in the agreement must be upheld by one or both parties, including the full amount of the rent. If one tenant stops paying the rent the landlord can pursue the other for rent arrears. This is what distinguishes a joint tenancy agreement - the landlord can pursue all parties involved and not just the one who has elected not to pay rent.

A joint tenancy agreement is best used when a couple has been together for a few years and knows they can live with each other without incident. Married couples, for example, often use joint tenancy agreements. They do so so that if one of them should die, the other will still have a place to live because they are joined on the tenancy agreement. Whether you are married or not you can have a joint tenancy agreement. You just need to make sure that if a break up or disagreement occurs, the landlord will be willing to rent the property to the party/ies who will remain.

What most landlords ask is that the person that has elected to rent the property, after the other party leaves, signs a new tenancy agreement as a single tenant. This may change the amount of rent payable, if the landlord decides it is a good time to increase the rent. A new time limit will also be placed on the tenancy agreement. Entering into a new tenancy agreement will mean that the joint party that left the property will no longer be responsible for the rental or other obligations.

If the person who stays behind refuses to sign a new agreement, it can cause problems for the person who has left. They can still be liable under the Tenancy Agreement and be pursued by the landlord if the remaining tenant fails to pay rent or comply with other obligations of the tenancy agreement. This is still the case even if the leaving person sends a written document to the landlord asking to released from the lease because both parties must quit the tenancy in order for one to be no longer liable. In a situation like this it is up to the landlord to decide how to act. The landlord could potentially end the tenancy of both individuals and not allow the one who wants to remain to stay as a result of a breach of the joint tenancy agreement.

Using Our Joint Tenancy Agreement Template

Our template for a joint tenancy is very easy to use and customise. The agreement template can be downloaded and then edited online or on your computer after downloading it. The template is drafted so that it can be used as a joint tenancy agreement where there are two or more tenants but can also be edited to cover the situation where there is a single tenant. So you have maximum flexibility when you purchase our joint tenancy agreement template.

We have a wide range of agreements and Tenancy Agreement forms in our tenancy document section so please do take a look. If you are a landlord that lets multiple properties, then you may like to consider a subscription to our tenancy agreement documents and forms section which will allow you to download all of the different documents for a single fee.

For further information in relation to renting property, our Law Library contains articles and guides such as our Guide to Getting Landlord Advice and our article on Rent Charges Within a Tenancy.