Joint Occupation Contracts Wales - Complete Guide

You are setting up a new tenancy and you do not want to rely on an old template. This guide explains which agreement you need and what to sort before the tenant moves in.

Joint Contracts Overview

A joint occupation contract exists when the written statement names multiple people as contract-holders. Key features include:

New tenancy

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• Choose the right England agreement route for the tenancy you are setting up.
• Avoid old wording that causes problems later.
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• All named parties are contract-holders with equal rights
• Each person can occupy the whole property
• All are responsible for all obligations (not just their share)
• Decisions about the contract generally require all to agree

Joint and Several Liability

Under joint and several liability, you can pursue any one contract-holder for the full amount of any debt. This means:

• If rent is £1,000/month and there are two tenants, you can pursue either for the full £1,000
• Each is responsible for the other's actions
• Damage caused by one is the responsibility of all
• You don't have to pursue them equally

Adding and Removing Contract-Holders

Adding a New Contract-Holder

To add someone to a joint occupation contract:

• All existing contract-holders must agree
• The landlord must agree
• A new written statement should be issued
• Proper referencing is recommended

Removing a Contract-Holder

To remove someone from a joint contract:

• All parties (including the landlord) must agree
• A deed of surrender or variation is used
• The remaining person(s) take on full responsibility

When One Contract-Holder Leaves

What happens when one joint contract-holder wants to leave but others want to stay?

With Your Agreement

If you agree to let one person leave, you can vary the contract to remove them. The remaining contract-holders continue with full responsibility.

Without Agreement

If the departing person serves a notice to end the contract, this can end the contract for everyone. However, under Welsh law:

• One contract-holder's notice doesn't automatically end the whole contract
• The landlord can agree to continue with remaining contract-holders
• You can issue a new contract to those staying

Succession Rights

If a joint contract-holder dies, the remaining contract-holders become the sole contract-holders. This happens automatically - no new contract is needed.

Joint Tenancy FAQ