Section 8 on a joint tenancy
Both tenants are jointly and severally liable. Both must be served.
When two or more people are named on the tenancy agreement, they hold a joint tenancy. They are jointly and severally liable for rent. To evict any of them, you must serve all of them.
Name every tenant on Form 3A
List every joint tenant on the notice, even if only one is in default. Missing a name can void the notice.
Serve every tenant
Service must reach each tenant. If they all live at the property, one notice posted through the letterbox is generally deemed to serve all of them. If they have separated, you need to serve each at their current address.
If one tenant has moved out
The tenancy continues until you formally end it. Until then, the absent tenant is still liable for rent. Serve them at the last known address; if unknown, the property address may still be valid service.
If one tenant wants to leave but the other does not
Under the RRA, any joint tenant can end the tenancy by giving 2 months' notice. This ends the tenancy for everyone — the remaining joint tenant has no automatic right to stay. You may need to grant a new tenancy to the remaining party if you want them to stay.
Common mistakes
- Naming only the defaulting tenant. Notice is void.
- Forgetting the absent tenant. Even if they have moved out, they are still on the tenancy.
Source: gov.uk Guide to the Renters' Rights Act 2025. Last verified 2026-05-09. This page is informational, not legal advice. For complex disputes, consult a solicitor.