How to Share a Flat and Still be Friends at the End of it

However it is important to be aware of what it means to enter into a joint tenancy, and knowing all the facts can help you make an informed decision about who you share with.

Sometimes flatsharing doesn’t end up quite as jolly as it did in tv sitcom F.R.I.E.N.D.S  – but once aware of the legalities involved, you can decide what the most important factors to consider are before you move in with someone.

Joint & several liability

With the vast majority of residential tenancies now being drafted as a Assured Shorthold Tenancy (AST), it is probable that if you seek to share rented accommodation that you will be entering into a single tenancy on a ‘joint & several’ basis. This means that all named tenants would hold one tenancy which would grant all tenants exclusive possession of the whole property, with no restrictions on individual usage of allocated rooms – and the tenancy agreement showing the names of all the tenants living in the property. 

With joint and several liability, all named tenants are equally liable for all payments (including rent) that are due and for all other liabilities under the terms of the tenancy agreement. In real terms, this means that each named tenant takes on full responsibility for any unpaid monies and for any damages, regardless of which tenant actually caused them. In essence, all named tenants are viewed as one in the eyes of the law and the landlord is therefore at liberty to take legal action against all or any of the tenants.

How do I end a joint tenancy?

Quite often, when finding somewhere to live, thinking about the end of  the tenancy is the last thing on your mind. Yet as ending a joint tenancy can be quite complicated it is important to make sure the tenancy agreement reflects your wishes before you sign it.

In today’s market, it is commonplace to have a break clause inserted into the tenancy agreement which allows either party to terminate the tenancy upon giving the other party the required amount of notice period to do so. The clause should specify the notice period (this is usually around 2 months but can vary depending on the type of tenancy) and any other conditions that must be adhered to. During the fixed term (this is the period set out on the front of the tenancy agreement), if the tenants wish to serve notice to end the tenancy, all named tenants must agree and must all serve notice together.

If the fixed term has expired and the tenancy is continuing on a rolling month-by-month basis (this is known as a ‘periodic’ tenancy) then any one individual named tenant has the right to serve notice to end the tenancy on behalf of all named tenants. In fact, that one tenant is not even required to notify the other tenant he is sharing with!

What happens if someone wants to leave during the tenancy?

It obviously happens on occasion that one or more of the sharing tenants want to move out before the tenancy ends. This could be due to work commitments, relationships, redundancy or simply because they no longer wish to live together! In this case, it is generally possible to replace a tenant with someone else, assuming the landlord is agreeable to the change. This situation is known as ‘surrender and regrant’, and involves the replacement tenant being referenced in the usual way and signing a new tenancy agreement before the original ‘departing’ tenant can be released from his or her responsibilities.

Consider your choice of flatmate wisely

It is clear that if you are considering sharing a rented property, you must research not only the location, facilities and price of the property but also the person or people who you are considering renting with. It is always worth making sure your lettings agent explains to you exactly what your tenancy agreement means so there are no surprises along the way.