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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.

Verified Aug 2026Primary sourcesTax year 2026/27

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)).

QuestionPosition from 1 May 2026
Default tenant noticeNot less than 2 months, ending on a rent day or the day before
Landlord wants longer than 2 monthsCannot be required — the guidance: “You cannot require the tenant to give more than two months’ notice”
Shorter notice agreed in writingValid only if the landlord and all joint tenants agree
One sharer serves noticeEnds the whole tenancy at expiry (s.5(1ZC)); the others need a new agreement to stay
Notice by email or messageValid — any term restricting the ‘means of giving’ a written notice is of no effect (s.5A)
Withdrawing a noticeOnly 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.

FAQs

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.