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Joint tenancy agreements – what are they?

If you live, or plan to live with another person, your council may give you permission to have a joint tenancy. Usually people who are joint tenants are:

• married couples
  
• couples with a registered civil partnership
  
• couples in a relationship who live together (‘cohabit’)
  
• family members

Sharing responsibility

You should think carefully before applying for a joint tenancy as both tenants will share responsibility for things like paying the rent on time. If the other tenant(s) moves out of the property, you’re responsible for paying all the rent from then on. You are also responsible for paying any outstanding rent (‘arrears’) they leave behind.

Before you apply for a joint tenancy

If you’re married or in a registered civil partnership you can apply for a joint tenancy at anytime. If you’re a cohabiting couple or family members you must have lived together at the property for at least 12 months.

The council may decide against a joint tenancy if, for example, you or the other person:

• have a poor record paying rent
  
• have previously been evicted for anti-social behaviour
  
• own a property in the UK or abroad

Apply for a joint tenancy

The basic steps are shown below. Contact your council for more detail.

Step 1: apply to your council

You have to get your council’s permission for a joint tenancy. Contact your council to get an application form.

Step 2: your application is reviewed by your council

Your council will review your application and let you know if it agrees to grant a joint tenancy.

Your council may want to go through the details of the joint tenancy face-to-face. This is so you understand what could happen if you want to end the tenancy later.

Step 3: if your joint tenancy application is successful

If your council agrees to the joint tenancy, you will be sent a ‘Termination of tenancy’ notice to end your current tenancy. This is signed by you and sent to your council.

If your application is turned down you can get further advice from Citizens Advice or Shelter.

Step 4: signing your new tenancy agreement

The new joint tenancy is signed by you and your partner/family member and starts on the day your sole tenancy ends.

• Find your local court Opens new window

• Find out about changing a council tenancy Opens new window

Ending a joint tenancy

You may want to end a joint tenancy because your circumstances change, or your relationship ends. If this happens, you normally have to give the council four weeks’ written notice.

If both tenants want to end the tenancy

If both or all parties agree to end the tenancy, you simply agree a date with your council to move out.

If only one person wants to end the tenancy

If only one of you wants to end the tenancy and the other joint tenant(s) want to stay in the property, your council may:

• grant the remaining tenant(s) a new tenancy at the same property
  
• not grant a new tenancy – eg because the property could be offered to another couple or family who are more suited to its size

If you want to end the tenancy but the other joint tenant(s) does not, you should speak to your council. It’s important to get advice and understand your options before taking steps to formally end a tenancy. If the joint tenancy ends, it ends for both or all tenants.

If you and your partner divorce or your relationship breaks down, a court can decide who should take on the tenancy. You should get advice from a solicitor or Citizens Advice.

• Divorce, separation and relationship breakdown (government, citizens and rights section)

• Find a solicitor or advice agency

If one joint tenant dies

If a joint tenant dies, the tenancy continues for the surviving joint tenant. See ‘Transferring or taking over a tenancy – council tenants' to find out what’s involved in changing the details of a tenancy.

• Transferring or taking over a tenancy - council tenants

Claiming Housing Benefit and Council Tax Benefit

One or both joint tenants can apply for Housing Benefit or Council Tax Benefit. If you’re on a low income (working or not), it can help to pay all or part of your rent or Council Tax.

• Council Tax Benefit (money, tax and benefits section)

• Housing Benefit (money, tax and benefits section)