Joint Tenancies: Who Gets the Deposit Back?

Joint tenancies create unique deposit challenges, particularly common in student housing. When multiple people share a tenancy agreement, the deposit is held as a single sum — and disputes about who gets what back can involve both the landlord and your housemates.

Joint and Several Liability

Under a joint tenancy, all tenants are "jointly and severally liable." This legal principle, confirmed by Citizens Advice, means each tenant is responsible for the whole tenancy — not just their share. If one housemate damages the property and refuses to pay, the landlord can deduct from the entire group deposit. This affects all of you equally in the eyes of the deposit scheme.

How the Deposit Is Returned

The DPS will only release the deposit when all named tenants and the landlord agree on the split. This means one uncooperative person can delay the entire process. If agreement cannot be reached, the dispute goes to ADR like any other. TDS and MyDeposits follow the same principle. Make sure you understand how the deposit schemes work before starting this process.

Protecting Yourself in a Shared House

Shelter England recommends: photographing your room and communal areas at move-in and move-out, agreeing in writing with housemates about how the deposit will be split, keeping copies of all communication with the landlord, and reporting any damage caused by others immediately so it is documented.

When One Tenant Leaves Early

If a housemate moves out before the tenancy ends and a replacement moves in, the deposit situation depends on what was agreed. According to MyDeposits, the original deposit remains with the scheme until the tenancy ends. Any arrangement between the outgoing and incoming tenant about the deposit share is a private matter — the scheme will not get involved until the tenancy formally ends. If your shared house qualifies as an HMO, additional rules may apply to your deposit.