House Share / Joint Tenancy Agreement

Overview

When several people share a rented house, there are two fundamentally different legal structures available, and the choice between them has significant practical consequences — this is one of the most common sources of dispute in shared housing in England and Wales, and it is essential that all sharers understand which structure applies to them. Option 1 — a single JOINT TENANCY: all sharers sign one tenancy agreement and are jointly and severally liable for the whole rent and for compliance with the whole agreement. 'Joint and several' means the landlord can pursue any one tenant for the FULL rent if the others fail to pay or disappear — not just that tenant's share. If one sharer moves out, the remaining tenants usually remain liable for the whole rent unless the tenancy is formally varied (a deed of assignment or surrender and re-grant) with the landlord's agreement. A single deposit is normally protected covering the whole group, and disputes about apportioning any deduction between sharers at the end of the tenancy are a common flashpoint — the deposit scheme adjudicates only between landlord and tenants collectively, not between the sharers themselves. Option 2 — separate ROOM-BY-ROOM (individual) tenancies: each sharer signs their own agreement with the landlord for their own room (plus shared use of communal areas), and is liable only for their own rent, not for other sharers' shares. If one room becomes vacant, that tenant's liability ends and the landlord bears the risk of re-letting that room — the remaining tenants are not liable for the empty room's rent. This structure gives more protection to tenants but more administrative burden and voids risk to the landlord, and it typically means the property is a House in Multiple Occupation (HMO) for regulatory purposes (see below), with each tenant renting a room rather than the group renting the whole house. HMO licensing: a property let to three or more unrelated people forming two or more households, sharing a kitchen, bathroom or toilet, is a House in Multiple Occupation. HMOs of five or more occupants require a mandatory HMO licence from the local authority; many local authorities also operate additional or selective licensing schemes covering smaller HMOs. Letting an HMO without a required licence is a criminal offence and can bar a landlord from serving a valid section 21 notice and expose them to a rent repayment order. Deposit and Tenant Fees Act 2019: the deposit cap (five or six weeks' rent depending on annual rent) and the ban on most tenant fees apply in exactly the same way to a house share as to a single-household letting — whichever structure is used. Choosing between the two structures: a joint tenancy suits a group who know and trust each other and want a single, simpler agreement, but exposes each sharer to the others' financial risk. Individual room-by-room tenancies suit landlords letting to strangers (e.g. professional HMO operators) and protect each tenant from the others' default, at the cost of more paperwork and HMO compliance obligations for the landlord. When to use: this template can be adapted for EITHER structure — the variables below make clear which basis is being used, and the joint-and-several liability clause should be removed entirely if individual room-by-room tenancies are intended (in which case, separate individual tenancy agreements should in fact be used per tenant, not a single group document). Common pitfalls: using a single joint tenancy agreement while telling tenants they are 'only responsible for their own rent' (legally incorrect, and misleading under consumer protection law); letting an HMO without checking licensing requirements; and failing to address what happens when one sharer leaves before the fixed term ends. This template is a drafting aid only and should be reviewed by a solicitor, particularly for HMO-licensed properties.

Information to customize

• Landlord's full name

• Landlord's address for service

• Full names of all joint tenants

• Property address

• Tenancy structure

  Single joint tenancy (joint and several liability) — this template is drafted on that basis.

• Tenancy start date

• Fixed term length

• Total monthly rent for the whole property

• Rent due date each period

• Total deposit amount

  Capped at 5-6 weeks' total rent under the Tenant Fees Act 2019.

• Tenancy deposit protection scheme used

• Is this property a House in Multiple Occupation requiring a licence?

• HMO licence number (if applicable)

• Date of this agreement

Customize your template

Frequently asked questions

What does 'joint and several liability' mean in a house share?

It means each tenant is individually responsible for the WHOLE rent and the whole agreement, not just their own share. If one sharer stops paying, the landlord can pursue any of the others for the full amount, regardless of any private split agreed between the sharers.

What is the difference between a joint tenancy and individual room-by-room tenancies?

Under a joint tenancy, one group agreement covers everyone with joint and several liability. Under individual tenancies, each sharer has their own separate agreement and is liable only for their own room's rent — if one room falls vacant, that tenant's liability ends and the landlord absorbs the void.

If a housemate moves out early, are the others liable for their share?

Under a joint tenancy, generally yes, unless the landlord agrees in writing to release the departing tenant or replace them (for example through a deed of assignment). Under individual room-by-room tenancies, no — each tenant's liability is limited to their own agreement.

Is a house share automatically an HMO?

A property let to three or more unrelated people forming two or more households and sharing facilities is a House in Multiple Occupation. Five or more occupants require a mandatory HMO licence, and many councils also license smaller HMOs. Letting without a required licence is a criminal offence.

How is the deposit split if there is a dispute at the end of the tenancy?

The tenancy deposit scheme resolves disputes between the landlord and the tenants as a group, not disputes about how any deduction should be shared between sharers. It is strongly advisable for sharers to agree in writing, separately, how they will split the deposit.

Does the £50,000 deposit cap threshold apply per tenant or to the whole rent?

For a single joint tenancy, the five/six-week deposit cap under the Tenant Fees Act 2019 is calculated against the total annual rent for the whole property, not per individual sharer.

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