Summary: Joint and several liability is a crucial legal concept for landlords letting to multiple tenants. It means each tenant is responsible for the full rent and any damages, providing landlords with stronger protection and flexibility in recovering rent arrears.

Joint Tenancy Guide: Understanding Joint and Several Liability

Posted on 10 October 2025 by OpenRent

What is a Joint Tenancy?

A joint tenancy occurs when two or more tenants sign a single assured shorthold tenancy (AST) agreement together, each named as a tenant. All tenants must sign the agreement for it to be valid. This arrangement means that all tenants share equal rights and responsibilities for the entire property and tenancy.

For a joint tenancy to exist, four legal conditions—known as the unities—must be met: time, possession, interest, and title. Practically, this means:

• All tenants sign the same tenancy agreement;
• They have the same interest in the property at the same time;
• They have equal rights to occupy the whole property;
• They share the same rights and obligations under the tenancy.

Typically, joint tenancies are limited to four tenants. Adding more tenants may affect their legal standing under the agreement.

What is Joint and Several Liability?

Joint and several liability is a legal principle that applies to joint tenancies, combining shared and individual responsibility. It means that while tenants collectively promise to pay the full rent, each tenant can be held liable for the entire rent amount, not just their individual share.

For example, if two tenants rent a flat for £1,500 per month, either tenant can be required to pay the full £1,500. If one tenant stops paying, the landlord can pursue the other tenant(s) for the full amount, ensuring the landlord’s income is protected.

This arrangement offers landlords strong protection and flexibility in recovering rent arrears. OpenRent tenancy agreements include joint and several liability clauses covering tenants and their guarantors.

In summary:

• Joint liability: All tenants share responsibility for the full rent; the landlord can claim the full amount from any one tenant.
• Several liability: Each tenant is responsible only for their own share; the landlord must pursue each tenant individually.
• Joint and several liability: Tenants share a promise to pay the full rent, and the landlord can claim the full amount from any one or all tenants.

The Role of Guarantors in a Joint Tenancy

In joint tenancies, guarantors are also bound by joint and several liability. If any tenant fails to pay rent or breaches other obligations, the guarantor can be held responsible for the entire rent, not just the share of the tenant they support.

This provides landlords with additional security. However, it is not possible to limit a guarantor’s liability to a single tenant within a joint tenancy under current legal frameworks.

Can Guarantors Be Responsible for Just One Tenant?

If landlords wish to limit guarantor responsibility to individual tenants, the recommended approach is to use separate room tenancies. In this setup, each tenant signs their own agreement and is liable only for their rent, clarifying obligations for both tenants and guarantors.

Ending a Joint Tenancy

All tenants in a joint tenancy share equal rights and responsibilities, including how the tenancy ends. This section applies to England only.

During the Fixed Term

Generally, a fixed-term tenancy cannot be ended early unless there is a break clause in the agreement. If present, all tenants must agree to use it, and the landlord must consent. Without a break clause, the tenancy can only end early by mutual agreement.

Once the Tenancy Becomes Periodic

After the fixed term, most tenancies automatically become periodic (usually monthly). At this stage, any one joint tenant or the landlord can give notice to end the tenancy, which then ends for all tenants.

Notice must be in writing and provide at least one full rental period’s notice (e.g., one month if rent is monthly). When the notice expires, the tenancy ends for all occupants, who must then arrange new agreements if they wish to stay.

If a Tenant Leaves Without Ending the Tenancy

If a tenant moves out without notice or landlord consent, they remain legally responsible for rent and damages until the tenancy ends. Due to joint and several liability, landlords can recover the full rent from remaining tenants.

The upcoming Renters’ Rights Act proposes to phase out fixed-term tenancies, making all tenancies periodic by default. This would allow any individual tenant in a joint tenancy to serve notice from day one, ending the tenancy for all tenants. This change may reduce security for tenants and could present challenges for landlords of shared housing.

Recovering Rent Arrears in Joint Tenancies

If tenants fall behind on rent, landlords can pursue the full amount from any tenant or guarantor named on the agreement. For example, if two tenants share a £1,500 rent equally, and one tenant falls behind, the landlord can demand the full £1,500 from either tenant or both.

Only tenants named on the tenancy agreement can be held responsible for unpaid rent; friends, family, or other occupants who are not named cannot be pursued.

Guarantors provide further protection, especially for tenants with limited income, such as students. Landlords can take action against guarantors to recover arrears if tenants default.

Practical Implications for Court Proceedings

Landlords may take legal action against one tenant, all tenants, or the guarantor to recover rent arrears. Often, pursuing the non-defaulting tenant or guarantor can be more effective if the defaulting tenant is unreachable or insolvent.

Legal proceedings should include all tenants when seeking possession of the property. If action is taken against only one tenant or guarantor, that party can request the court to include the others, potentially prolonging the case.

Final Thoughts

Understanding joint and several liability is essential for landlords letting to multiple tenants. It provides flexibility to recover rent if one tenant defaults and ensures guarantors offer an additional layer of protection.

While joint tenancies make all tenants responsible for the full rent, landlords can consider separate room tenancies to limit liability to individual tenants and their guarantors. Legal action should always be tailored to the circumstances, but possession claims must include all tenants.

Additional Notes from the OpenRent Community

Community member David122 highlights that deeds of guarantee exist which may limit guarantor liability to individual tenants, though their effectiveness is unproven. He also notes that during the fixed term, tenants must act together, and notice given by a single tenant is ineffective. The Renters’ Rights Bill’s proposal to remove fixed terms may reduce tenant security and pose challenges for landlords of shared housing.