Life changes

What is a Joint Tenancy?

A joint tenancy is when two or more people sign a tenancy agreement and jointly agree to keep to its terms and conditions.

The Housing (Scotland) Act 2001 gives tenants the right to apply for a joint tenancy and the landlord must agree to this unless it has reasonable grounds for refusing. 

1. Things to think about before you apply
2. How will applying for a joint tenancy affect me?
3. Who can apply for a joint tenancy?
4. What happens if the Council does not give permission to add a joint tenant?
5. Can I appeal the decision to refuse my application for a joint tenancy?
6. Creating one tenancy from two

1. Things to think about before you apply

You and the other joint tenant(s) are equally responsible for keeping to all the conditions of the tenancy agreement - this is called being jointly and severally liable. For instance:

• a breach of the tenancy agreement by one tenant is the responsibility of all tenants
• you and the other joint tenant(s) are jointly responsible for paying rent. If you choose to give up the property you must pay any outstanding rent arrears or rechargeable repairs, along with them, before you go
• if one of the joint tenants dies, your tenancy will continue, however, you will be responsible for any rent arrears or tenancy related debt

2. How will applying for a joint tenancy affect me?

This is a legal agreement between you and one or more people, and East Lothian Council as landlords.  It means that you and the other joint tenant(s) are equally responsible for keeping to all the conditions of the tenancy agreement - this is called being jointly and severally liable.   This includes: -

• a breach of the tenancy agreement by one tenant is the responsibility of all tenants
• the payment of rent – you and the other joint tenant(s) are jointly responsible for paying rent
• if you choose to give up the property you must pay any outstanding rent arrears or rechargeable repairs, along with them, before you go
• if one of the joint tenants leaves and they have not informed the Council, you must tell us quickly.  This will not affect your tenancy but you will be responsible for any rent arrears etc
• if one of the joint tenants dies, your tenancy will continue, however, you will be responsible for any rent arrears or tenancy related debt

3. Who can apply for a joint tenancy?

You have the right to apply for a joint tenancy with one or more people but they must be at least 16 years old and have lived with you in the tenancy for at least twelve months as their only or main home.  In addition, either you or the proposed joint tenant must have previously informed the Council’s housing department of their residence by submitting a Household Form a minimum of twelve months prior to any application to add them as a joint tenant can be accepted. 

This twelve month residency period applies to anyone wanting to be a joint tenant including the tenant’s spouse, civil partner or co-habiting partner.

If the residence criteria has been met, you and any other joint tenants must then apply in writing by completing the ‘Application for a Joint Tenancy’ form.  East Lothian Council need to confirm the details of the proposed joint tenants and when you want this proposed change to start.  The Council must inform you of their decision within 28 days. 

If your request is approved and you are given permission to add a joint tenant, you and the joint tenant(s) will have to sign a new tenancy agreement.

4. What happens if the Council does not give permission to add a joint tenant?

If East Lothian Council are in receipt of a Household Form which confirms that the proposed joint tenant meets the residency criteria, the Council will not unreasonably withhold permission for you to add a joint tenant but we will refuse consent: -

• where a Notice of Proceedings for Possession has been served on the tenant
• where an Order for Recovery of Possession has been made against the tenant
• where the creation of a joint tenancy would lead to overcrowding under the terms of the occupancy levels set out in East Lothian Council’s Allocations Policy
• where the proposed joint tenant has been involved in antisocial behaviour in the last 12 months or is the subject of a current antisocial behaviour order
• where the proposed joint tenant and/or existing tenant owes East Lothian Council rent totalling more than one month’s rent and no re-payment arrangement has been agreed – this includes former tenancy arrears
• where the property is unsuitable for the proposed joint tenants assessed needs

5. Can I appeal the decision to refuse my application for a joint tenancy?

The Housing (Scotland) Act 2001 does not give you the right to appeal against the Council’s decision to refuse your request.  However, the Council provides you with the opportunity to appeal their decision.  Information on how to appeal is contained in the refusal letter we send you.  Please contact your Community Housing Officer if you need further information.

6. Creating one tenancy from two

If you are an East Lothian Council tenant, and wish to be housed with another East Lothian Council or Housing Association tenant living in East Lothian, you may receive extra points if you give up both tenancies to move together into a new joint tenancy. An application for council housing should be submitted.

Download a Joint Tenancy Application Form