Joint tenancies are common in Scotland, especially for couples or groups sharing a property under a single Private Residential Tenancy (PRT). But what happens if one joint tenant needs to move out while the others wish to stay? It's not always straightforward.
Understanding Joint Tenancy Termination: Under a Scottish PRT, the default legal position is that if one joint tenant gives valid written notice (usually 28 days) to the landlord to end the tenancy, it legally ends the tenancy for ALL joint tenants on the specified date. This can cause significant problems if the remaining tenants weren't aware or didn't agree.
Options When One Tenant Wants to Leave:
- All Tenants Agree to End: All joint tenants and the landlord can mutually agree in writing to end the current PRT on a specific date. The remaining tenants could then potentially negotiate a new tenancy agreement with the landlord for the property, possibly needing to pass referencing checks again.
- Assignation (Transferring Share - Needs Landlord Consent): The leaving tenant might be able to find someone acceptable to the remaining tenants and the landlord to take over their place in the tenancy. This process, called assignation, requires the landlord's written consent, which they can reasonably refuse (e.g., if the proposed new tenant fails referencing). The PRT agreement itself continues with the names formally changed via written agreement.
- Landlord Agreement to Amend: In some cases, if the remaining tenants can afford the full rent and meet referencing criteria, a landlord might agree (though they are not obligated to) to amend the existing tenancy agreement to simply remove the departing tenant's name. This requires careful documentation and landlord consent.
Communication is Key: If one joint tenant plans to leave, immediate and open communication between all tenants and the landlord is essential to explore the options and agree on a path forward.
Starting with a clear joint PRT agreement, like those from Legalmaster™, ensures everyone's initial responsibilities are documented. Handling mid-tenancy changes requires careful negotiation and agreement from all parties involved. Need advice on setting up a joint tenancy agreement? Call Legalmaster™ on 0333 340 8984.
