Mutual Exchange With a Joint Tenancy: What You Need to Know

If you rent your home with someone else, such as a partner, husband, wife or family member, you probably have a joint tenancy. That's fine for a mutual exchange, but it adds a few extra steps, and one important rule.

What A Joint Tenancy Means

With a joint tenancy, everyone named on the agreement is a tenant, with the same rights and responsibilities. You're each responsible for the whole rent, not just your share, and you each have the right to live in the home.

The Main Rule: Everyone Has To Agree

Because the tenancy belongs to all of you, every joint tenant normally has to agree to the swap. In practice that means:

• all joint tenants sign the mutual exchange application
• all joint tenants sign the deed of assignment, the legal document that passes the tenancy to the other household
• the landlord checks the whole household moving in, as usual

One joint tenant can't swap the home on their own, even if the other has moved out.

When You Both Want To Move

This is the simplest case. You apply together, both sign, and you take over the other tenant's tenancy together. Most landlords will make you joint tenants of the new home too, but ask to be sure.

When You're Swapping With Joint Tenants

If the household you're swapping with are joint tenants, they all need to agree and sign too. Check early that everyone in their household is on board, so the swap doesn't stall at the last step.

When Only One Of You Wants To Move

This is where it gets harder, often because a relationship has ended. Things to know:

• You can't swap the home without the other joint tenant's agreement.
• In England, if one joint tenant on a periodic tenancy gives the landlord notice to quit, it can end the tenancy for everyone. Never give notice without advice first.
• Sometimes the tenancy can be transferred into one person's sole name, with the landlord's agreement, or by a court as part of a separation. That person can then apply to swap.

Talk to your landlord and get independent advice, for example from Shelter or Citizens Advice, before doing anything that could affect the tenancy.

Adding Someone To A Tenancy Before Or After A Swap

If you'd like to become joint tenants with someone, for example a new partner, ask your landlord. Many allow it if the person has lived with you for a while, but it's the landlord's decision, and it's usually easier to sort out separately from the swap.

Wales And Scotland

In Wales, joint tenants are called joint contract-holders under the Renting Homes (Wales) Act 2016. In Scotland, joint tenants have a joint Scottish secure tenancy. The same principle applies in both: everyone on the agreement must consent to the exchange, so speak to your landlord about the details.

Checklist For Joint Tenants

1. Make sure every joint tenant agrees to the swap.
2. Check whether the other household are joint tenants too, and that they all agree.
3. Ask both landlords whose names will be on the new tenancy.
4. All sign the applications and the deed of assignment.
5. If only one of you is moving, get advice before anything else.

The Short Answer

Yes, you can do a mutual exchange with a joint tenancy, as long as every joint tenant agrees and signs. If only one of you wants to move, get advice first, because the wrong step can end the tenancy for both of you.

For more on how the tenancy passes over, read What Happens to My Tenancy After a Mutual Exchange?, or check you can swap with our eligibility checker.