Joint to Sole Tenancy

A joint tenancy is when two people share equal rights and responsibilities for a property. This includes full responsibility for rent and tenancy obligations.

This page explains how a joint tenancy can be changed to a sole tenancy, and what options are available depending on your situation.

Please note: Joint tenancies are only granted at the start of a tenancy and cannot be added later.

 

Changing from Joint to Sole Tenancy

If your circumstances change (for example, a relationship breakdown), you may want to move from a joint tenancy to a sole tenancy.

Important: A joint tenancy cannot simply be transferred to one person. It must usually be ended first before a new tenancy is created.

You should always seek independent legal advice (e.g. Citizens Advice or a solicitor) before taking action.

 

If Both Tenants Agree

If both tenants agree that one person will stay:

What happens next?

  • The tenant leaving must secure alternative accommodation first.
  • A Notice to Quit must be submitted to end the tenancy.
  • This ends the tenancy for both tenants.

Requirements for a valid Notice to Quit:

  • Property address included
  • Minimum 4 weeks' notice
  • End date must be a Sunday
  • Signed by the tenant giving notice

Important considerations:

  • Rent arrears must be cleared before a new tenancy can be granted
  • If children are involved, living arrangements must be considered
  • The council may decide the remaining tenant should move to a smaller property

Outcome:

The council may (at its discretion) offer a new sole tenancy to the remaining tenant.

 

If There Is No Agreement

In some cases, a sole tenancy may still be considered without agreement, such as:

  • One tenant has been absent for at least 12 months and cannot be located
  • One tenant has moved permanently into residential care

What the council will do:

  • Attempt to contact the missing tenant
  • Check records (e.g. housing benefit, electoral roll)
  • Assess evidence that the tenant will not return

If approved, a new tenancy may be granted to the remaining tenant.

 

If a Joint Tenant Dies

  • A death certificate is required
  • The tenancy automatically passes to the surviving tenant

This is called succession, not a new tenancy.

Important:

  • No additional succession rights are granted
  • Any rent arrears remain the responsibility of the surviving tenant

 

After a Joint Tenancy Ends

If a new tenancy is granted:

  • A new tenancy agreement must be signed
  • A new account is created
  • The tenant receives confirmation in writing
  • New succession rights apply

If no new tenancy is granted:

  • The property must be vacated
  • Keys must be returned on time
  • Failure to leave may result in legal action

If changed by court order:

  • The tenancy may be transferred depending on the type of order
  • Legal documentation may be required

 

Need Help?

If you're unsure what to do: