What Happens if One Person Leaves a Joint Tenancy Agreement?

When letting a property in Scotland to multiple occupants, it’s common to issue a joint tenancy agreement, a legal contract in which all tenants sign a single lease and share joint responsibility for rent and property maintenance. However, life changes such as relationship breakdowns, job relocations, or interpersonal conflicts often lead to one tenant wanting to leave.

As a landlord, understanding your rights and responsibilities in this situation is essential. The law treats joint tenants as a single legal entity, so if one leaves improperly, the others and potentially the departing tenant may still be legally liable for rent, damages, and obligations. Understanding how tenancy law works under the Private Housing (Tenancies) (Scotland) Act 2016 is critical before taking action.

In this guide, we discuss what landlords need to know when one tenant wants to leave a joint tenancy: the legal process, the impact on remaining tenants, how to manage deposit schemes, and support available for sensitive situations.

What Is a Joint Tenancy Agreement?

A joint tenancy agreement is a legal rental contract shared by two or more tenants who rent the same property under a single lease. This type of agreement is commonly used among couples, friends, or housemates who decide to live together and split the cost of rent and utilities. The key feature of this tenancy is shared legal responsibility. All tenants are collectively responsible for complying with the terms of the lease, which includes paying the full rent, maintaining the property, and avoiding any breaches of the tenancy.

Unlike separate tenancy agreements, where each tenant has an individual contract, joint tenancies are legally binding on the group as a whole. If one tenant fails to pay their share of the rent, the landlord can hold the other tenants responsible for the full amount. This is known as being “jointly and severally liable”.

In practice, this means the landlord can pursue any of the named tenants for missed payments, even if they were not the ones who missed the payment. It also means decisions like ending the tenancy or changing the tenant list typically require the agreement of all parties, including the landlord.

Can One Person Leave a Joint Tenancy Without Ending It?

No, in most cases, one tenant cannot leave without affecting the entire agreement. The joint tenancy continues unless all tenants agree to end it or you agree to a surrender of the tenancy. Since the tenancy is legally shared among all tenants, any removal or replacement of a tenant must be handled through the appropriate legal procedures.

If a tenant walks out without notice or formal removal from the lease, they remain legally liable. This includes rent payments, damages, and adherence to lease conditions. Landlords and letting agents continue to treat them as active tenants until a formal agreement says otherwise.

Many assume that moving out or giving verbal notice is enough, but unless there’s a written assignation or lease termination, the tenant remains legally tied to the property. As the landlord, it’s essential to ensure all required documentation is completed and to be aware of your rights around notice periods and ongoing liability.

What is the Legal Process if One Tenant under a Joint Tenancy wants to leave?

Scottish tenancy law outlines several legal pathways a tenant can follow if they wish to leave a joint tenancy. As a landlord, it’s important to understand each method and your role in the approval process.

There are four valid processes:

What Happens If One Tenant Leaves Without Notice?

Leaving a joint tenancy without giving proper notice is a legal breach that exposes the tenant to serious consequences. The tenancy remains active, and the tenant is still liable for rent, utility bills, and any property damage until the tenancy officially ends.

As a landlord, you may:

• Retain part or all of the deposit
• Pursue the tenant for unpaid rent or damages
• Require remaining tenants to cover shortfalls

This situation often leads to disputes, so it’s critical to enforce proper procedures and retain thorough documentation.

What Happens to the Remaining Tenants?

When one tenant leaves, the remaining tenants do not gain legal independence under the existing lease. Their responsibilities and liabilities remain unchanged until the lease is updated or replaced.

Even if a tenant physically leaves, their name on the agreement means:

• The rent stays the same, and the others must cover it.
• Joint liability continues — all tenants can be pursued for missed payments.
• The deposit remains in one pool, making individual recovery difficult unless the lease ends or is formally split.

As a landlord, you should encourage tenants to renegotiate the agreement if someone leaves, and issue a new tenancy or deed of assignation as appropriate.

Is a New Agreement Required If One Tenant Leaves?

A new tenancy agreement is required in most cases when one tenant leaves a joint tenancy. That’s because the original agreement was signed jointly, and changes in parties involved make the contract incomplete or invalid. Any changes to the tenancy, such as replacing a tenant or removing one must be reflected in a written agreement approved by the landlord.

One common solution is a deed of assignment, which allows the outgoing tenant to transfer their legal interest to a new person. This transfer must be agreed upon by all existing tenants and the landlord. Without a proper assignment, the original tenant remains legally bound by the original agreement.

If all tenants and the landlord agree to end the current agreement, they may use a deed of surrender, effectively closing the existing tenancy and initiating a new one with the updated tenant list. Landlords may also choose to switch the structure from joint tenancy to individual tenancies, especially in high-turnover rentals. However, this is less frequent in private lettings due to the administrative complexity.

Three Common Options:

1. Deed of Assignment: Transfers leaving tenant’s rights to a new tenant.
2. Surrender and Renew: All tenants end the old contract and sign a new one.
3. Individual Tenancies: The landlord offers separate contracts to each tenant.

The landlord must approve any changes. No change can be made without mutual agreement.

Who Pays the Rent If One Person Leaves?

When one tenant leaves a joint tenancy, the rent responsibility does not automatically adjust. The remaining tenants are still jointly and severally liable for the full amount stated in the tenancy agreement. This means that as a landlord, you can legally pursue any one tenant for the total unpaid rent, regardless of internal arrangements among housemates.

In practical terms, the remaining tenants often end up covering the missing rent share to avoid arrears. If the leaving tenant refuses to pay their portion or fails to find a replacement, the others must pay the cost or face consequences like eviction notices or legal action.

Tenants often try to cover the missing share informally, but this doesn’t alter your legal rights. You are not required to accept partial rent payments unless a new agreement is formally created.

Example Scenarios:

Rent liability stays until the tenancy ends or a legal change is made.

What Notice Does the Leaving Tenant Have to Give?

Under the Private Housing (Tenancies) (Scotland) Act 2016, section 49, when a tenant wishes to leave a joint tenancy, they must serve proper legal notice, which must comply with the terms of the tenancy. For periodic tenancies, this is generally 28 days in writing. The notice must be clear, signed, and delivered directly to the landlord and preferably shared with co-tenants to avoid disputes.

For fixed-term tenancies, there is typically no right to give notice unless there is a break clause. In such cases, leaving early without landlord approval can lead to continued liability for rent and potential legal claims.

As a landlord, you should verify the notice’s validity — it begins when it is received, not the date it was sent. A notice that does not meet legal standards may be considered invalid, in which case the tenancy continues, and rent obligations remain.

Legal Requirements for Notice:

• Must be written
• Signed by the leaving tenant
• Delivered to the landlord and other tenants
• 28 days minimum (in most regions)

If the notice is invalid, the tenant remains liable.

Can a Landlord Refuse a New Joint Tenant?

Yes, landlords are not obligated to accept a new tenant proposed by the remaining occupants. While tenants can suggest a replacement, the landlord has the right to vet the candidate and approve or reject them based on reasonable grounds.

Landlords must act fairly and without discrimination. Valid reasons for refusal include the new tenant failing reference checks, not having sufficient income, or posing a risk to the property or other tenants. However, rejection cannot be based on protected characteristics like race, religion, or disability.

If the landlord agrees, all parties, including existing tenants, new tenant, and landlord, must sign an updated tenancy agreement. Until this process is complete, the original tenants remain liable for rent and any damages.

A Landlord May Refuse a New Joint Tenant If:

• The new tenant fails credit/reference checks
• The property becomes overcrowded
• There’s a history of antisocial behaviour
• They prefer to end the tenancy entirely

All new agreements must be in writing and signed by all parties.

What Should Tenants and Landlords Do Next?

Clear communication and formal processes are key to avoiding misunderstandings when one tenant leaves. All parties leaving tenant, remaining tenants, and landlord should follow legal procedures and document every agreement in writing. Acting informally or relying on verbal promises often leads to disputes.

Tenants should read their tenancy agreements thoroughly to check notice periods, break clauses, and clauses related to replacement tenants. Landlords should provide clear instructions about the required steps and update contracts promptly.

Checklist for Tenants Who Want to Leave:

• Check tenancy type and end clauses
• Provide 28 days’ written notice
• Discuss changes with co-tenants and the landlord
• Return keys and settle bills

Checklist for Remaining Tenants:

• Talk to the landlord about options
• Consider a replacement tenant
• Sign a new agreement if required

Checklist for Landlords:

• Confirm receipt of valid notice
• Decide on tenancy continuation or termination
• Vet any replacement tenant
• Update the tenancy agreement

Use written documentation for all changes to avoid legal conflicts.

Conclusion

When one person leaves a joint tenancy, it can trigger legal, financial, and administrative responsibilities for landlords. In most cases, the original tenancy becomes invalid unless a new agreement is formally established. Understanding how joint liability operates, what notice tenants must give, and how to vet and approve replacement tenants is essential to maintaining control over your property and avoiding risk.

By setting clear expectations early, maintaining consistent communication with tenants, and following legal procedures, landlords can prevent rent arrears, disputes, and breaches of contract. Staying proactive ensures that your property remains occupied, compliant, and financially secure—even during tenancy transitions.
If you’re managing a joint tenancy change and want to protect your interests, Westport Property is here to help. We offer expert advice, professional tenant vetting, and seamless tenancy updates to ensure a smooth, compliant process every time.