When a tenant refuses to add a partner to a tenancy agreement, landlords face a complex situation that requires careful handling. This issue has become more pertinent with the upcoming Renters’ Rights Act, effective from 1^st May 2026, which will impact tenancy agreements and tenant rights. Understanding the legal and practical implications can help landlords maintain control over their property while complying with new regulations.

Background: The tenant’s situation

Deborah, a landlord, shared her experience with a tenant who moved in as a sole occupant in May 2022. The tenant, aged 60, has maintained the property well and been a reliable occupant. However, during an inspection in April 2025, Deborah discovered that the tenant’s girlfriend had moved in. When she raised the need to add the girlfriend to the tenancy agreement, the tenant was adamant about keeping the tenancy solely in his name, stating that it was still his home and he wanted to remain solely responsible.

Why adding a partner to a tenancy agreement matters

From a landlord’s perspective, it is important to have all occupants named on the tenancy agreement. This ensures clarity about who is legally responsible for the rent and the property’s condition. If an occupant is not named, it can complicate matters such as rent arrears, damage liability, and eviction proceedings. Furthermore, the Renters’ Rights Act coming into force in May 2026 will introduce new protections and requirements for tenants, making it even more crucial to have accurate tenancy documentation.

Legal considerations for landlords

Legally, a landlord cannot force a tenant to add another person to the tenancy agreement if the tenant refuses. The tenancy agreement is a contract between the landlord and the tenant(s) named on it. If the tenant insists on remaining the sole tenant, the landlord must respect this choice. However, the presence of an unregistered occupant may affect the landlord’s ability to enforce certain terms of the tenancy, especially if the unregistered occupant causes damage or breaches the tenancy conditions.

Practical steps landlords can take

Landlords should communicate clearly with their tenants about the importance of updating tenancy agreements to reflect all occupants. Explaining the benefits, such as shared responsibility and legal clarity, may encourage tenants to agree. If the tenant remains unwilling, landlords should document all communications and consider whether the presence of an unregistered occupant breaches any terms of the existing tenancy, such as occupancy limits.

When preparing new tenancy agreements in light of the Renters’ Rights Act, landlords might include clauses that require tenants to notify them of any additional occupants and seek consent. This can help prevent similar situations in the future.

Implications of the Renters’ Rights Act

The Renters’ Rights Act, effective from 1^st May 2026, will bring changes that affect tenancy agreements and tenant protections. Landlords should review and update their agreements accordingly to ensure compliance. Having all occupants named on the tenancy will be increasingly important to manage responsibilities and rights effectively under the new legislation.

Conclusion and additional support

While a tenant’s refusal to sign a joint tenancy agreement can be challenging, landlords must balance legal obligations with practical management. Clear communication, thorough documentation, and updated tenancy agreements aligned with upcoming legislation are key strategies.

Additionally, the Tenant and Landlord Association (TLA) is launching a new Trusted Partners Hub in Q1 2026. This platform will feature verified and approved service providers to support landlords, tenants, and property management businesses. Legal, trades, insurance, financial, mortgage, tenant screening, and other service providers interested in joining can register their interest at the TLA website.