Joint and several liability in shared tenancies: what GOV.UK says

What "joint and several liability" means in a shared tenancy, as described in GOV.UK guidance.

Where several people sign one tenancy agreement as joint tenants, they normally hold the tenancy together and are jointly and severally liable under it. In practice that means the landlord can pursue any one of them for the whole of the rent, not just for that person's "share".

One tenancy, not several

A joint tenancy is a single tenancy held by two or more people. Section 1 of the Housing Act 1988 recognises that an assured tenancy may be held by two or more persons as joint tenants. There is one agreement, one rent and one set of obligations — the internal split between housemates is a private arrangement, not something the tenancy agreement usually recognises.

What joint and several liability means day to day

  • Rent: if one tenant stops paying, the others remain liable for the full rent.
  • Damage and other breaches: obligations under the agreement apply to all the joint tenants.
  • Deposit: a single deposit is normally held for the tenancy as a whole and must be protected in an authorised scheme.

Separate agreements are different

Where each occupier signs their own agreement for their own room, each person is liable only under their own agreement. This is common in HMO room-by-room lettings. Which arrangement you have depends on the agreements actually signed, so read them before assuming.

Records worth keeping

Keep the signed agreement showing all tenants, any deed of assignment or replacement-tenant paperwork, the deposit protection certificate and prescribed information, and a rent ledger that records who paid what and when.

Where to read the rules

  • Renting out a property: tenancy agreements (GOV.UK)
  • Private renting: tenancy agreements (GOV.UK)
  • Housing Act 1988, section 1 (legislation.gov.uk)

Sources - https://www.gov.uk/renting-out-a-property/tenancy-agreements - https://www.gov.uk/private-renting-tenancy-agreements - https://www.legislation.gov.uk/ukpga/1988/50/section/1

General summary; not legal advice.

Sources: - GOV.UK - Tenancy agreements (accessed 2026-08-02): https://www.gov.uk/renting-out-a-property/tenancy-agreements - GOV.UK - Private renting: tenancy agreements (accessed 2026-08-02): https://www.gov.uk/private-renting-tenancy-agreements - Housing Act 1988, s.1 (accessed 2026-08-02): https://www.legislation.gov.uk/ukpga/1988/50/section/1

Published: 2026-08-14.

Last reviewed: 2026-08-30.

General summary; not legal advice.