Renting with a partner, spouse, civil partner, or friends in Scotland often means signing a joint Private Residential Tenancy (PRT) agreement. While this shares the cost and space, it also means sharing legal responsibilities. Understanding what a joint tenancy entails is crucial for everyone involved, including same-sex and different-sex couples.
What is a Joint Tenancy? All individuals named on the tenancy agreement as tenants are joint tenants. You share one single tenancy for the whole property.
Key Implications ("Joint and Several Liability"): This is the most critical concept. It means that each joint tenant is individually responsible for ALL the obligations of the tenancy, as well as being jointly responsible.
- Rent: If one tenant doesn't pay their 'share' of the rent, the landlord can legally pursue any or all of the other joint tenants for the entire outstanding amount.
- Damages: If damage is caused (beyond fair wear and tear), all joint tenants are collectively responsible for the cost of repairs, regardless of who caused it.
- Breaches: If one tenant breaches the agreement (e.g., causes anti-social behaviour), it can put the entire tenancy at risk for everyone.
Ending a Joint Tenancy:
- One Tenant Gives Notice: Under a PRT, if one joint tenant gives valid written notice to the landlord to end the tenancy, it legally ends the tenancy for ALL joint tenants on the date specified in the notice. This can catch other tenants unaware if communication isn't good.
- Agreement: All joint tenants and the landlord can mutually agree in writing to end the tenancy early.
Creating Your Joint Agreement: When using Legalmaster to create a PRT for multiple tenants, ensure all individuals who will be living there as joint tenants are accurately named on the agreement. This correctly establishes their legal rights and responsibilities from the start.
Joint tenancies require trust and good communication between tenants. Understand that you are legally tied together for the tenancy's obligations. Always discuss potential issues like moving out or financial difficulties openly with your fellow joint tenants.
