Joint tenancies are common, especially in house shares and with couples. But they create a complication that catches many landlords off guard: when one joint tenant wants to leave but the other wants to stay. Understanding how the law works here is critical, particularly with the Renters' Rights Act 2025 changing the rules from 1 May 2026.
What Is a Joint Tenancy?
A joint tenancy is a single tenancy granted to two or more people. All joint tenants are collectively responsible for the entire rent, not just their share — this is known as "joint and several liability." If one tenant stops paying, the others are liable for the full shortfall, not just their proportional share. All joint tenants have equal rights to occupy the entire property.
This is fundamentally different from having multiple individual tenancies within a shared house (sometimes used in HMOs), where each tenant has a separate agreement for their own room. With individual tenancies, one tenant leaving has no effect on the others. With a joint tenancy, the position is very different.
One Tenant's Notice Ends the Whole Tenancy
This is the single most important rule for landlords to understand, and the one that causes the most surprise. Under the principle established by the House of Lords in Hammersmith and Fulham LBC v Monk [1992] 1 AC 478, one joint tenant can end a periodic tenancy by giving notice to quit without the agreement of the other joint tenants. The notice ends the entire tenancy for everyone — including tenants who want to stay.
The logic behind the Monk principle is that a periodic tenancy requires the ongoing agreement of all parties to continue. When one joint tenant serves notice, they are withdrawing their agreement, and the tenancy cannot continue without the consent of all joint tenants.
This means that if you have a couple renting a flat and one partner gives notice after a relationship breakdown, the tenancy ends for both of them. If you have three housemates and one gives notice, the tenancy ends for all three.
How the RRA Changes Things
Under the Renters' Rights Act 2025, all tenancies become periodic from 1 May 2026. There are no more fixed terms. A tenant can end a periodic tenancy by giving two months' written notice at any time, with no minimum stay period.
The Monk principle continues to apply to these periodic tenancies. If one joint tenant serves two months' written notice under the RRA, the tenancy ends for all joint tenants when the notice period expires. The remaining tenants have no legal right to stay unless the landlord grants a new tenancy.
Because fixed terms no longer exist to lock tenants in for a set period, this situation is likely to arise more frequently under the RRA. Previously, a joint tenant could not unilaterally end the tenancy during a fixed term. Now, any joint tenant can give notice at any time.
The Landlord's Options
When one joint tenant gives notice and the others want to stay, you have three options:
Option 1: Grant a New Tenancy
This is the cleanest and recommended approach. You enter into a new periodic tenancy agreement with the remaining tenants (and any replacement tenant they propose). This involves:
- Conducting fresh referencing and affordability checks on remaining and new tenants
- Signing a new tenancy agreement
- Taking a new deposit from the new tenant group
- Protecting the new deposit in a government-approved scheme within 30 days
- Serving the prescribed information on all tenants
- Returning the old deposit (less any legitimate deductions) to the original tenant group
The new tenancy starts fresh, giving you a clean legal position. The 12-month restriction on using Grounds 1, 1A, and 6 resets from the date of the new tenancy.
Option 2: Allow Remaining Tenants to Stay Informally
If the remaining tenants continue paying rent and you accept it, a new periodic tenancy may arise by implication. However, this is legally risky. You may end up with an implied tenancy on unclear terms, which could cause difficulties if you later need to seek possession under Section 8. The identity of the tenants, the terms of the agreement, and the deposit arrangements may all be uncertain. A written agreement is always preferable.
Option 3: Require All Tenants to Leave
You are under no obligation to grant a new tenancy. If you want the property back — perhaps because you intend to sell or move in — wait for the notice period to expire and take possession. You do not need to use Section 8 because the tenancy has been ended by the tenant's notice, not by you. This is not an eviction; the tenancy has simply come to an end.
Deed of Assignment as an Alternative
An alternative to ending and restarting the tenancy is a deed of assignment. This is a legal document by which the outgoing tenant transfers their interest in the tenancy to a new person. The tenancy continues uninterrupted, with the new person stepping into the shoes of the outgoing tenant.
A deed of assignment requires the landlord's consent. Most tenancy agreements either prohibit assignment or require the landlord's prior written consent (which should not be unreasonably withheld). If you agree to an assignment:
- Reference the incoming tenant thoroughly — check affordability, employment, and previous landlord references
- Ensure the deed is properly drafted and signed by the outgoing tenant, the incoming tenant, and all remaining joint tenants
- Update your records to reflect the new tenant group
- Notify the deposit protection scheme of the change in tenant details
The advantage of assignment is continuity — the tenancy terms remain the same, the deposit stays in place, and there is no gap in the tenancy. The disadvantage is that you inherit the existing terms rather than having the opportunity to update the agreement.
Deposit Implications
The handling of the deposit depends on the approach you take:
- If you end the old tenancy and grant a new one: return the deposit from the old tenancy (less any legitimate deductions for damage, cleaning, or unpaid rent) and take a new deposit from the new group. The new deposit must be protected within 30 days and the prescribed information served on all tenants. Remember the deposit cap under the RRA: a maximum of five weeks' rent where annual rent is under £50,000, or six weeks' rent where annual rent is £50,000 or more.
- If you use a deed of assignment: the deposit arrangements continue, but update your records with the deposit protection scheme to reflect the new tenant's details. The prescribed information should be re-served to include the new tenant.
In either case, make sure the deposit remains protected in a government-approved scheme. Failure to comply with deposit protection rules can result in penalties of up to three times the deposit amount, and you cannot serve a valid Section 8 notice for most grounds if the deposit is not properly protected.
Preventing Problems in Advance
The best way to manage this situation is to plan for it before it happens:
- Include clear provisions in your tenancy agreement about what happens when a joint tenant wants to leave — explain the Monk principle so all tenants understand that one person's notice ends the tenancy for everyone
- Make sure all joint tenants understand their joint and several liability for rent
- Respond promptly when a joint tenant gives notice — decide quickly whether to offer a new tenancy or take possession
- Conduct full referencing on any new tenants joining the group
- Keep deposit protection up to date whenever the tenant group changes
- Consider whether individual tenancies (rather than a joint tenancy) might be more appropriate for house shares where turnover is likely
Take Action
Make sure your tenancy agreement handles joint tenancy situations properly. Generate your RRA-compliant document pack — all 14 documents pre-filled with your details.
For more on ending tenancies under the new rules, read how landlords can still regain possession under the RRA. Check our Renters' Rights Act FAQ for answers to the most common landlord questions, or use the Notice Period Calculator to check notice requirements.