The abolition of assured shorthold tenancies under the Renters’ Rights Act 2025 will have significant implications for renters. In this article, trainee Ben Bramble explains how the reforms could expose joint tenants to unexpected risks.
While the abolition of Assured Shorthold Tenancies (ASTs) under the Renters’ Rights Act 2025 (the “Act”) has been widely reported, far less attention has been given to what this means for joint tenants. By allowing housemates to terminate a tenancy from the very start of the term, the new regime will leave joint tenants far more exposed to sudden, unwanted endings of their tenancies. This article focuses on joint tenancies rather than arrangements where tenants rent individual rooms.
ASTs have been the default form of tenancy agreement since 1997. Under these agreements, tenants typically sign fixed, usually yearly, terms. Under most existing tenancy agreements, during the fixed term, the only way for tenants to terminate the agreement is with the consent of both the landlord and all co-tenants, unless there is a break clause. It is possible for tenants to assign their interest, but finding a replacement is often a stressful, time-consuming process that also requires the consent of the other parties to the tenancy.
With the anticipated implementation of sections 1 and 2 of the Act on 1 May 2026, the position in England is expected to be fundamentally altered. When they come into force, these sections will abolish ASTs and make redundant any contractual provisions which attempt to impose a fixed term.
The government’s stated goal for these changes is to “end the injustice of tenants being trapped paying rent for substandard properties and offer more flexibility to both parties to respond to changing circumstances”. As will be discussed below, while these changes will undoubtedly bring greater flexibility for tenants, they will also bring far greater uncertainty, especially for joint tenants.
The shift to rolling tenancies
When the new rules come into effect, landlords will only be able to grant assured periodic tenancies, with all existing ASTs being similarly converted. This means that even if a tenant signed a one-year AST agreement in April 2026, by 1 May 2026 that fixed term would cease to have an effect, and the tenancy would continue indefinitely on a monthly rolling basis.
Landlords’ only means of recovering possession of their properties without their tenants’ consent will be under the grounds set out in section 8 of the Housing Act 1988, as revised by the Act. Outside of these grounds, the only way for these tenancies to be brought to an end is by tenants giving notice. This is nothing new; currently, around 44% of tenancies are ended this way, with many ASTs converting to periodic tenancies upon the expiry of the initial fixed term. What does not appear to have been considered by Parliament, however, is the effect that losing this initial fixed period of security will have on joint tenants.
Joint tenant vulnerabilities
Once the Act comes into force, the position at common law will be that any joint tenant can sever the tenancy for everyone at any point, by serving a notice to quit and giving two months’ notice. Remaining tenants would then need to negotiate a new tenancy agreement with the landlord, who would have no obligation to offer one, and would be free to propose a new rent at a higher level without having to follow the procedure set out in section 6 of the Act.
In effect, this exposes joint tenants to a new form of “no fault” eviction from the very start of their tenancies, although it will now be their co-tenants, rather than their landlord, who can initiate the process.
The rise, in recent years, of housemate-matching apps like SpareRoom will exacerbate the impact of these changes. These platforms allow renters to enter into joint tenancies without ever meeting their housemates. With the security of an initial fixed period removed, users of these apps will be placing their housing stability in the hands of strangers. Far greater care must be exercised when selecting new housemates, as one person’s change in circumstances could destabilise the entire house-share.
Benefits for joint tenants
It is not entirely bad news for joint tenants. Under the current system, if one tenant stops paying their rent, others remain jointly and severally liable for the unpaid sums for the duration of the fixed term. Under the new regime, they can bring the tenancy to an end much sooner, potentially limiting the build-up of significant arrears.
More broadly, from 1 May 2026, joint tenants in unpleasant housing situations can exit within two months, rather than having to find a replacement or wait out the fixed term. The Act also addresses the reverse unfairness of the current system, where a majority of joint tenants who want to leave can be trapped by one holdout.
A potential solution could be for tenancy agreements to include a clause stating that the tenancy can only be terminated with the unanimous consent of all the joint tenants. However, such a clause could cause as many problems as it solves, potentially creating a situation where tenants are trapped in a never-ending tenancy because they are unable to get all parties to agree to terminate the agreement. It is also unlikely that such a clause would be enforceable, as it would appear to go against Parliament’s intention for the Act to provide tenants with greater flexibility and against the wording within the Act itself.
What this means in practice
Anyone currently occupying a property under an AST should be aware of these changes. Tenants whose fixed term expires after 1 May 2026 will be unable to terminate their tenancy simply by moving out on the expiry date. They will now need to serve their landlord with a written notice to quit, at least two months before they want to move out (or a shorter period if agreed by the landlord and all co-tenants). The Act will remove landlords’ ability to specify the method by which tenants give notice in writing; tenants will be able to end their tenancies via text or email should they so desire.
Landlords should also prepare for the uncertainty these changes will bring. With any joint tenant able to unilaterally terminate the tenancy, and no minimum period before a notice to quit can be served, landlords may be forced to find replacement tenants and negotiate new tenancy agreements far more frequently than under the current system.
Final thoughts
The Renters' Rights Act 2025 promises greater tenant flexibility but will create significant uncertainty for joint tenants, particularly in app-matched house shares. With the loss of fixed-term security, tenants will need to exercise greater caution in housemate selection. Landlords and tenants alike should review agreements now and seek specialist advice ahead of the anticipated implementation of these changes on 1 May 2026.
About Ben
Ben Bramble is a trainee in the property litigation team.
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