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Joint PRT Tenancy AgreementJoint PRT Tenancy Agreement
Create a joint PRT for multiple tenants in Scotland, with the right joint liability structure and clearer wording for shared occupation.
Reviewed
21 March 2026
Applies to
Scotland only
Current position
Scotland tenancy pages should reflect the Private Housing (Tenancies) (Scotland) Act 2016, open-ended PRT rules, tribunal-led possession, and the current Scottish compliance framework.
Start here if you need the main guide on this issue. If your situation is narrower or you want the next practical step, go to common PRT compliance mistakes in Scotland.
If you want the wider background first, read Scotland PRT agreement route.
Ready to act? The quickest route from here is joint Scotland tenancy agreement packs.
What Is a Joint PRT Tenancy Agreement?
Understanding how multiple tenants share responsibility under Scottish tenancy law.
A joint PRT tenancy agreement is a Private Residential Tenancy where two or more tenants sign the same agreement and become collectively responsible for all obligations. Under a joint tenancy in Scotland, all tenants have equal rights to occupy the entire property and are jointly liable for the full rent — not just their individual share.
This is distinct from having separate individual tenancies with each person, which would be typical in a licensed HMO with room-by-room letting. In a joint tenancy, the tenants as a group hold the tenancy together, which creates significant implications for rent collection, ending the tenancy, and pursuing debts if things go wrong.
Joint tenancies work well for couples, friends renting together, or family members who know each other and are willing to share responsibility. They are less suitable for unrelated sharers who do not know each other, where individual tenancies may provide clearer boundaries.
Under the Private Housing (Tenancies) (Scotland) Act 2016, joint tenants have certain protections. Most importantly, one tenant leaving does not automatically end the PRT for the remaining tenants — the tenancy continues with those who remain. This is different from some English joint tenancy situations where one tenant's notice can end the whole tenancy.
Joint and Several Liability Explained
The most important protection for landlords with multiple tenants.
What Joint and Several Liability Means
Joint and several liability means each tenant is individually responsible for the entire rent, not just their portion. If three tenants each pay £400 towards £1,200 rent and one stops paying, you can pursue any or all of the remaining tenants for the full £1,200 — not just the £800 they were personally paying.
Benefits for Landlords
- * Pursue any tenant for full rent arrears
- * Not dependent on all tenants paying
- * Stronger position at First-tier Tribunal
- * Easier to recover unpaid rent
Important to Include
- * Must be explicitly stated in agreement
- * Courts may imply it, but clarity is better
- * Tenants should understand before signing
- * Applies to all obligations, not just rent
Joint Tenancy vs Individual Tenancies
Choose the right structure for your property and tenants. Joint tenancies work differently from individual tenancies, with different implications for everyone.
When to Use Joint Tenancy
- * Couples or married partners
- * Friends renting together
- * Family members sharing
- * Tenants who know each other well
When Individual May Be Better
- * HMO with unrelated sharers
- * Room-by-room letting
- * High tenant turnover expected
- * Tenants who do not know each other
Adding and Removing Joint Tenants
How to manage changes in your joint PRT when tenants come and go.
Adding a New Tenant
To add a new tenant to an existing joint PRT, you have two options:
- New PRT: End the current tenancy and create a new PRT with all tenants named
- Variation: Have the new tenant sign an agreement to join the existing tenancy
Update the deposit protection to include the new tenant's name. The new tenant becomes jointly liable from the date they join.
When a Tenant Leaves
Under Scottish PRT rules, one tenant leaving does not automatically end the tenancy for others:
- The PRT continues with the remaining tenants on the same terms
- Document the departing tenant's exit in writing
- The leaving tenant may remain liable for arrears up to their departure
Consider creating a new PRT with just the remaining tenants for clarity going forward.
Create Your Joint PRT Agreement Now
Includes joint and several liability. All mandatory terms. Ready for multiple tenants.
Key Considerations for Joint PRTs
Important factors to consider when creating a joint tenancy in Scotland.
All Tenants Must Sign
Every person who will be a joint tenant must sign the PRT agreement. This creates the legal relationship and makes them bound by the terms. Occupiers who do not sign are not tenants and have no rights under the tenancy — but also no obligations.
Deposit Protection
When protecting the deposit for a joint tenancy, all tenant names should be recorded with the deposit protection scheme. The deposit is held for all tenants jointly. At the end of the tenancy, any deductions require agreement from all tenants or adjudication by the scheme.
Eviction and Tribunal
To evict joint tenants, you must serve Notice to Leave on all of them. Your application to the First-tier Tribunal must name all joint tenants as respondents. If one tenant has left but is still named on the agreement, they should still be included in proceedings.
HMO Licensing
If your property has three or more tenants from two or more households, it may need an HMO licence from the local council. This applies regardless of whether you use a joint tenancy or individual tenancies. Check HMO requirements in your local area — penalties for unlicensed HMOs are significant.
When Joint Tenants Disagree
How to handle situations where joint tenants have conflicts or one wants to leave.
Disputes between joint tenants are their matter to resolve — you are not required to mediate. However, these disputes can affect you if they result in rent not being paid or requests to change the tenancy. Here is how to handle common situations:
What Our Joint PRT Template Includes
Everything you need for a watertight joint tenancy agreement.
Joint Tenancy Specifics
- Clear joint and several liability clause
- Space for multiple tenant names
- Provisions for tenant changes
- Notice requirements explained
All Standard PRT Terms
- 2016 Act mandatory terms
- Deposit protection provisions
- Rent increase procedures
- Notice to Leave grounds reference
Joint PRT Tenancy Agreement FAQ
Create Your Joint PRT Agreement Today
Joint and several liability included. Tribunal-ready. Compliant with the 2016 Act. Ready in minutes.
Section 21 and Section 8 included • AI compliance check • Designed for court acceptance