Joint and several liability is a key concept that every landlord needs to understand, especially when letting to multiple tenants.
It means that if you rent a property to more than one person, each tenant can be held responsible for the full rent and any damages, not just their individual share. For example, if one tenant stops paying, you can pursue the others for the shortfall, helping protect your income and avoid costly gaps.
In this guide, we’ll explain exactly how joint and several liability works, why it matters for your tenancy agreements, and practical steps to make sure you are fully covered.
- What is a joint tenancy?
- What is joint and several liability?
- The role of guarantors in a joint tenancy
- Recovering rent arrears in joint tenancies
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What is a joint tenancy?
It’s very common for landlords to grant joint tenancies to their tenants. A joint tenancy happens when an assured shorthold tenancy (AST) is given to two or more people, and each person’s name is on the tenancy agreement as a tenant. Everyone named must sign the agreement; just listing them isn’t enough.
For a joint tenancy to exist, four conditions, called the unities, must be met: time, possession, interest, and title. In practice, this means all tenants:
- sign the same agreement,
- have the same interest in the same property at the same time,
- have equal rights to live in the whole property,
- and share the same rights and responsibilities under the agreement
You can usually only have up to four tenants on a joint tenancy. If more are added, the extra tenants don’t have the same legal standing under the agreement.
What is joint and several liability?
Joint and several liability is a legal arrangement that combines aspects of both joint and individual responsibility among tenants.
Under this arrangement, tenants make a shared promise to pay the full rent, but each tenant can also be held accountable for the entire amount.
For example, if a flat is let to two tenants with a total rent of £1,500, either tenant can be required to pay the full £1,500. If one tenant fails to pay, the landlord can pursue either, or both, for the full sum.
This makes joint and several liability one of the strongest protections for landlords, ensuring flexibility to recover rent even if one tenant defaults.
As is standard in joint tenancies, OpenRent’s tenancy agreements include joint and several liability clauses covering both tenants and their guarantor.
- 👫 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 only responsible for their own share of the rent. The landlord must pursue each tenant individually.
- 🔗💰 Joint and several liability: Tenants share a promise, but each can be held responsible for the full rent. The landlord can claim the full amount from any one tenant or all tenants.
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The role of guarantors in a joint tenancy
When a property is let to multiple tenants under a joint tenancy, all tenants are jointly and severally liable for the rent and any other obligations in the tenancy agreement. This means each tenant is responsible for the full amount, not just their individual share.
Guarantors in this situation are equally bound by joint and several liability – if any tenant fails to pay, the guarantor can be pursued for the entire rent, not just the portion owed by the tenant they are supporting.
This provides landlords with strong protection, but it also means you cannot limit a guarantor’s responsibility to a single tenant within a joint tenancy; the legal framework treats the rent as one combined obligation for all parties.
Can I have a guarantor responsible for just one tenant?
If landlords want guarantors to be responsible for only one tenant, the cleanest solution is to switch to separate room tenancies. Each tenant signs their own agreement and is only responsible for their own rent, making it clear who owes what.
On OpenRent, this setup saves Rent Now landlords from extra costs and removes any confusion around trying to mix joint and several liability with limited liability, which isn’t legally possible.
Ending a joint tenancy
When tenants share a joint tenancy, they all sign the same agreement, meaning they share equal rights and responsibilities. That includes how and when the tenancy can be brought to an end. This section relates to England only.
1. During the fixed term
If the tenancy is still within its fixed term (for example, a 12-month contract), it cannot normally be ended early unless the agreement includes a break clause. Even then, all named tenants must agree to use it, and the landlord must also consent.
If there’s no break clause, the tenancy can only be ended early by mutual agreement. Landlords may agree to an early surrender if replacement tenants are ready to move in, but they are not obliged to do so.
2. Once the tenancy becomes periodic
After the fixed term ends, most tenancies roll over automatically into a periodic tenancy (usually monthly). At this stage, any one joint tenant (or the landlord) can give notice, but that notice ends the tenancy for everyone.
The notice must:
- Be given in writing, and
- Provide at least one full rental period’s notice (for example, one month if rent is paid monthly).
When the notice period expires, the tenancy ends for all occupants. If some wish to stay, they’ll need to arrange a new agreement directly with the landlord.
3. If a tenant leaves without ending the tenancy
Sometimes one tenant moves out but doesn’t give notice or get the landlord’s consent. In that case, they’re still legally responsible for rent and any damage until the tenancy officially ends. Under joint and several liability, landlords can recover the full rent from any of the remaining tenants.
The Renters’ Rights Bill plans to phase out fixed-term tenancies, making all tenancies periodic by default. This would allow an individual tenant in a joint tenancy to serve notice from day one, effectively ending the tenancy for all tenants. Read our detailed guide on how the Renters’ Rights Bill may change tenancies.
Recovering rent arrears in joint tenancies
When tenants fall behind on rent, landlords have options to recover what’s owed. In joint tenancies, you can pursue the full rent from any of the tenants or guarantors named on the agreement, giving you flexibility if one tenant can’t pay.
For example, take a flat let to Chris and Leah for £1,500 per month. They agree to pay £750 each. If Chris pays his share but Leah falls behind because she lost her job, you can still demand the full £1,500 from either Chris, Leah, or both.
Landlords can only pursue tenants named on the agreement, so friends, family, or other residents who aren’t on the tenancy cannot be held responsible for unpaid rent.
Some ASTs also require a guarantor, often for students or tenants with limited income. If a tenant with a guarantor falls behind, you can take action against the guarantor to recover the arrears, giving you extra protection.
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Practical implications for court proceedings
If tenants fall behind on rent, landlords can take legal action against one tenant, all tenants, or the guarantor. Often, landlords go after the non-defaulting tenant or the guarantor if the tenant who hasn’t paid has no money, moved out without leaving a forwarding address, or gone abroad.
Keeping it simple helps avoid long, expensive court cases, and guarantors are usually more willing to pay to avoid going to court. However, if you’re trying to take possession of the property, all tenants on the agreement must be included.
If you take action against just one tenant or guarantor, that person can ask the court to include the others. This can make the case longer, with tenants trying to blame each other.
Final thoughts
Understanding joint and several liability is essential for landlords letting to multiple tenants. It gives you flexibility to recover rent if one tenant defaults and ensures guarantors provide an extra layer of protection.
While joint tenancies make all tenants responsible for the full rent, separate room tenancies can be used if you want to limit liability to individual tenants and their guarantors. Always remember that legal proceedings can be tailored to the situation, but including all tenants in possession claims is essential.
I think its worth adding the following:
Thanks for sharing this David. For now, I’ve updated the article to include ways tenants/landlords can end a joint tenancy in England.