Council tenants - joint tenancies

What is a joint tenancy?

• A joint tenancy is where two or more people sign the Tenancy Agreement.
• Each person is separately and jointly responsible for the tenancy.
• You can be a joint tenant with your spouse, civil partner, partner, family member or unpaid live-in carer.

How can I apply?

You can apply by completing a joint tenancy application form (pdf, 0.5 MB). Please send it to the Estate Management Service or take it into any Customer Service Point.

Can existing tenants apply?

• Yes you can, but you must have lived together for 12 months, unless you are married or in a registered civil partnership. You must also have a clear rent account.
• We will only refuse your application if it reasonable to do so. For example:
• either you or the person wanting to join your tenancy have housing debts,
• the house would become overcrowded,
• another person's rights may be affected,
• we have started eviction proceedings because of your behaviour,
• we have obtained an eviction order,
• the person applying is not eligible for council housing.

Can more than two people apply?

• Yes, it is possible to create a joint tenancy with three or more people. However, all parties must be present to sign the Tenancy Agreement.
• It is important to note that:
• a notice to quit from any of the tenants will bring the whole tenancy to an end. This leaves the other tenant(s) without a tenancy.
• if one of the tenants dies, the tenancy continues for the remaining joint tenants. It does not count as a succession.

Advantages of having a joint tenancy

• As a joint tenant you have equal rights with the other tenant(s), giving all joint tenants security of tenure.
• It may help you to meet the costs of your tenancy, such as rent.
• You may find it easier to access credit.
• If the other joint tenant dies you will have the right to succeed to the tenancy. However, there can only be one succession.
• You can assign (gift) your tenancy to the other joint tenant, providing certain rules are met.

Disadvantages of having a joint tenancy

• If one joint tenant does not pay the rent or service charges, the other joint tenant(s) are still liable. This can be a problem if you are on a low income.
• It may not be suitable if you are unsure if living with the other person will work out.
• If one tenant wishes to end the tenancy by completing a notice to quit form, the whole tenancy will end. This leaves the other tenant(s) without a tenancy. In this happens we will review the situation. However, there is no guarantee that the person(s) remaining in occupation will be granted a tenancy.
• All joint tenants must agree to any proposed exchange of home. This applies even if one of the joint tenants have left. If the other joint tenant(s) cannot be traced, then the exchange will not be allowed to go ahead.
• Your benefit entitlement may be affected if you become a joint tenant with someone else.

What if my application is not granted?

• Whilst by law we do not have to create joint tenancies, our policy is to, providing there are no good reasons not to.
• If you unhappy about the process please complete our online complaints form.

What are my responsibilities?

• As a joint tenant you are together and separately liable for the tenancy.
• All tenants are responsible for meeting tenancy conditions such as paying rent. For example if one joint tenant does not pay the rent the other joint tenant(s) are still responsible for the debt.

What if my relationship breaks down?

• Any wife, husband, registered civil partner of a sole tenant have the right to live in the family home. These are known as occupancy rights. You do not need to be a joint tenant to have these rights. 
• If your relationship breaks down your wife, husband or civil partner can only be made to leave by a court order. This does not apply if you are an unmarried couple.

Further advice

It is important you understand what it means to be a joint tenant. You can get independent legal advice from:

• Citizens Advice Bureau (external website)
• The Law Society (external website) - Finding a solicitor