Joint tenants and rent increases: who needs to agree?

If you share a tenancy with a partner, flatmate, or family member, a rent increase can feel doubly stressful. You are not just thinking about your own budget -- you are relying on someone else to be on the same page too.

The good news is that the law is clear about how Section 13 notices work for joint tenants. Here is what you need to know.

What is a joint tenancy?

A joint tenancy means two or more people are named on the same tenancy agreement. You all have equal rights to live in the property, and you are all equally responsible for paying the rent.

This is different from having separate rooms in a house of multiple occupation (HMO), where each person usually has their own individual agreement with the landlord.

If you are not sure whether you have a joint tenancy, check your tenancy agreement. All tenants should be named on it.

Does the Section 13 notice need to name all tenants?

Yes. For a Section 13 notice to be valid, it must be addressed to all joint tenants. If your landlord sends the notice to only one of you, or gets a name wrong, the notice may not be valid.

This is one of the most common mistakes landlords make with joint tenancies. The prescribed form (currently Form 4, changing to Form 4A from 1 May 2026) requires the names of the tenants to whom the notice is given. If any joint tenant is missed, that is a procedural error.

What this means for you: If you receive a Section 13 notice and one of your co-tenants is not named on it, you may have grounds to challenge the increase on procedural grounds alone -- before even looking at whether the amount is fair.

Does the notice need to be served on all tenants?

The notice must be served on all joint tenants. In practice, this usually means the landlord sends a copy to the property addressed to all of you, or sends individual copies to each tenant.

If one joint tenant never received the notice, this could be grounds for challenge. However, the rules around service can be complex -- a notice left at the property is generally considered served on all occupants.

Practical tip: If you receive a Section 13 notice, make sure all your co-tenants know about it straight away. The deadline to challenge runs from the date of service, and you do not want to miss it because someone did not check the post.

Can one joint tenant challenge the increase?

This is where it gets interesting. Any single joint tenant can refer the Section 13 notice to the First-tier Tribunal. You do not need agreement from all your co-tenants to challenge.

The tribunal application can be made by one or more of the tenants. If you think the proposed rent is above market rate, you can challenge it even if your flatmate thinks the increase is fine.

However, there are practical considerations:

• The outcome applies to everyone. If the tribunal sets a different rent, that is the rent for the whole tenancy -- not just your share
• Communication matters. Challenging without telling your co-tenants can cause tension, especially if your landlord contacts them about it
• Costs are minimal. The tribunal application currently costs around 100 pounds, and under the Renters' Rights Act 2025 (from 1 May 2026) the fee will be 47 pounds with no hearing fee

What if joint tenants disagree about challenging?

There is no legal requirement for all joint tenants to agree before one of you challenges. But disagreements can create practical difficulties:

• If you want to challenge but your co-tenant does not: You can still apply to the tribunal. Your co-tenant does not need to be involved in the process, though the tribunal may contact all named tenants
• If your co-tenant wants to pay the increase: The new rent (whatever it ends up being) applies to the whole tenancy. You cannot have one tenant paying the old rent and another paying the new one
• If relationships are strained: Remember that challenging a rent increase is your legal right. It is not confrontational -- it is simply asking an independent body to check whether the proposed rent is fair

How rent is split between joint tenants

The law does not say anything about how joint tenants split the rent between themselves. That is a private arrangement. Your landlord does not need to know or agree to how you divide it.

What the law does say is that all joint tenants are jointly and severally liable for the full rent. This means if one person stops paying their share, the landlord can pursue any or all of you for the full amount.

This does not change after a rent increase. The total rent goes up, and it is up to you and your co-tenants to agree how to split the new amount.

What changes from 1 May 2026

The Renters' Rights Act 2025 does not change the fundamental rules about joint tenancies and rent increases, but it does make the process simpler and less risky:

• Notice period: All rent increases will require at least 2 months' notice (currently varies by payment frequency)
• No backdating: If you challenge at the tribunal, the decision takes effect from the date of the tribunal's determination -- not backdated to when the increase was supposed to start
• Tribunal cannot set rent higher: The tribunal will no longer be able to set the rent above the amount proposed by the landlord. This removes the biggest deterrent to challenging
• Form 4A: The new prescribed form replaces Form 4. Notices using the old form after 1 May 2026 will be invalid

These changes apply equally to joint and sole tenancies.

What to do if you are a joint tenant facing a rent increase

1. Check the notice is addressed to all joint tenants. Missing or incorrect names could make it invalid
2. Make sure all tenants have seen the notice. Share it immediately -- deadlines run from the date of service
3. Discuss with your co-tenants. You do not need their agreement to challenge, but it is better to be on the same page
4. Check the proposed rent against the local market. Is it in line with what similar properties are renting for?
5. Look for procedural errors. Wrong form, insufficient notice period, less than 52 weeks since the last increase -- any of these could invalidate the notice
6. Consider using RentSOS to check your notice. We will identify any procedural errors and compare the proposed rent to local market data

FAQs

Does a Section 13 notice need to name all joint tenants?

Yes. The prescribed form requires the names of all tenants to whom the notice is given. If any joint tenant is missing from the notice, it may be invalid. This is one of the most common procedural errors landlords make with shared tenancies.

Can one joint tenant challenge a rent increase without the others?

Yes. Any single joint tenant can refer a Section 13 notice to the First-tier Tribunal. You do not need permission or agreement from your co-tenants, though it is sensible to let them know.

If the tribunal changes the rent, does it apply to all joint tenants?

Yes. The tribunal sets the rent for the whole tenancy. All joint tenants benefit from a reduction, even if only one of them made the application.

Does the landlord need to send separate notices to each joint tenant?

Not necessarily. A single notice addressed to all joint tenants and left at or sent to the property is generally considered validly served. However, best practice is for the landlord to ensure all tenants are aware of it.

What happens if one joint tenant leaves after a rent increase?

If a joint tenant leaves, the remaining tenants are still liable for the full rent (including any increase). The tenancy does not automatically change -- you may need to negotiate a new agreement with your landlord or find a replacement tenant.

Key takeaways

• A Section 13 notice must name all joint tenants to be valid -- missing names could be grounds to challenge
• Any single joint tenant can refer the notice to the tribunal without needing the others to agree
• The tribunal's decision applies to the whole tenancy, not just the person who challenged
• From 1 May 2026, there is no risk of the tribunal setting rent higher than proposed, making challenges safer for everyone
• Communication between joint tenants is key -- share the notice immediately and discuss your options together