Council Tenants - Joint Tenancies

A joint tenancy is when two or more people sign a tenancy agreement and jointly agree to keep to its conditions.  This is a legal agreement between you, any other joint tenants, and us. It means you and the other tenant(s) are equally responsible for all conditions of the agreement, including paying the rent.

Housing (Scotland) Act 2014

Changes to housing law are being introduced in 2019 which effect your rights as a tenant. The changes mean that if you want to add a joint tenant to your tenancy agreement, they must have lived at the property as their main and only home for the 12 months before you apply for them to become a joint tenant. The 12 month period cannot begin unless we have been told that they are living in the property. This change will come into effect from 1 November 2019. 

Applications for joint tenancies

Anyone signing a tenancy agreement must be at least 16 years old and intend to live in your house as their main home.  We will write to you with our decision within one month of receiving your application.

We may refuse an application for the following reasons:

  • an antisocial behaviour order (ASBO) is in place against you or your proposed tenants
  • your joint tenant was previously evicted for antisocial behaviour
  • the joint tenant owes us rent
  • your home would be overcrowded under the new arrangement
  • your home is unsuitable for the joint tenant

Changing a joint tenancy to a sole tenancy

If the joint tenant dies or leaves the house, you are still responsible for paying the rent.  If they have left the property, we will give them four weeks to return, before removing them from the tenancy agreement.

If you want to end your joint tenancy, you should give four weeks written notice, and pay any outstanding debts or arrears before you leave the property.

You can get more information from our joint tenancies leaflet (PDF).

Contact Us

Housing and Property

housing@moray.gov.uk

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