Joint Tenancies and Change of Sharer Under the Renters' Rights Act
One joint tenant's notice still ends the tenancy for all, the 2-month maximum notice, email counts, and why there is no statutory change-of-sharer procedure.
The short answer
Under the new periodic tenancy one joint tenant’s written notice still ends the tenancy for everyone, the maximum notice a landlord can require is 2 months, and email counts. The Act does not create a mechanism to swap one sharer for another; that remains a matter of agreement.
Ending a joint tenancy: the “one tenant’s notice” rule survives
Sections 20 and 21 of the Act rewrite the notice-to-quit rules in the Protection from Eviction Act 1977. New s.5(1ZC) keeps the long-standing position that a notice given by “only one or some of the tenants” under a joint assured tenancy is valid. What needs everyone is different: an agreement to a notice period shorter than the default is “not valid unless it is made between the landlord and all of the tenants” (s.5(1ZB)), and a withdrawal of a notice once given needs the landlord and all joint tenants to agree in writing before it takes effect (s.5A(4)).
| Question | Position from 1 May 2026 |
|---|---|
| Default tenant notice | Not less than 2 months, ending on a rent day or the day before |
| Landlord wants longer than 2 months | Cannot be required — the guidance: “You cannot require the tenant to give more than two months’ notice” |
| Shorter notice agreed in writing | Valid only if the landlord and all joint tenants agree |
| One sharer serves notice | Ends the whole tenancy at expiry (s.5(1ZC)); the others need a new agreement to stay |
| Notice by email or message | Valid — any term restricting the ‘means of giving’ a written notice is of no effect (s.5A) |
| Withdrawing a notice | Only before it takes effect, in writing, with landlord and all joint tenants agreeing |
“Change of sharer”: what the Act leaves alone
People search for a change-of-sharer procedure because house-shares turn over. The Act as enacted contains none: there is no statutory right to substitute a tenant, and no duty on the landlord to accept one. The routes are the ones that existed before — a deed of assignment where the agreement allows it, a surrender and re-grant to the new group, or (least tidy) one tenant’s notice ending the tenancy for all followed by a fresh tenancy. Each has consequences the Act now attaches to a new tenancy: a written statement of terms before it is entered into, the 28-day limit on rent in advance, deposit re-protection, and — for student HMOs — fresh Ground 4A prior notice.
Deposits when a sharer leaves
A joint deposit is one deposit. Whether the outgoing sharer is paid their share and the incoming one pays in is between the tenants, but the landlord’s protection and prescribed-information duties re-run whenever a new tenancy is created. Deposit penalties are on our deposit protection fines page.
Sources, read 5 September 2026: Renters’ Rights Act 2025 s.20 (notices to quit by tenants) · s.21 (means of giving notice; withdrawal) · Written information guidance (MHCLG PDF). England only; Scotland and Wales have separate tenancy law. General information, not legal advice — for a live dispute, speak to a solicitor, Shelter or your council’s housing team.
Quick answers
Yes — s.5(1ZC) of the Protection from Eviction Act 1977, as inserted, keeps a notice by one or some joint tenants valid. The others need a new agreement to remain.
At least 2 months unless a shorter period is agreed in writing with all joint tenants; a landlord cannot require more than 2 months.
No. The Act creates no substitution right; replacing a sharer is done by assignment, surrender and re-grant, or a new tenancy, each with the Act's new-tenancy duties.
No — s.5A voids any term restricting the means of giving a written notice, so email or any visible written form is valid.
Sources
The primary documents this page is built from. Links checked 5 September 2026.
- Renters' Rights Act 2025 s.20 — notices to quit by tenants — legislation.gov.uk
- Written information that must be given to tenants: guidance for landlords (PDF) — GOV.UK / MHCLG