Section 13 Notice for Joint Tenants in England

Why Joint Tenancies Need Extra Care

A joint tenancy means two or more tenants are named on the same tenancy agreement, each jointly and severally liable for the full rent. When you serve a Section 13 rent increase notice on a joint tenancy, Form 4A must name every joint tenant and be served using a method permitted by the applicable rules and tenancy agreement.

Omitting a named joint tenant from the form — even if that person no longer lives at the property — can invalidate the notice. The statutory requirement is clear: the notice must be addressed to all tenants who are parties to the current tenancy agreement.

Completing Form 4A for Joint Tenants

In the tenant name field, list the full legal names of every joint tenant as they appear on the tenancy agreement. If the agreement names "Sarah Elizabeth Green and David James Green," write both names exactly as stated. Do not abbreviate, use nicknames, or drop a middle name that appears on the agreement.

The remaining fields — property address, current rent, proposed new rent, effective date — are completed the same way as for a sole tenancy. There is one rent figure for the property, not a separate figure per tenant.

Service Record for Joint Tenants

For a clear service record, you can prepare a separate copy of the completed Form 4A for each named tenant and document how each copy was served:

• If joint tenants live together at the property: Serve each copy by hand at the property, or post a separate envelope addressed to each named tenant at the property address.
• If a joint tenant has moved out: Form 4A must still name them while they remain a party to the tenancy. Confirm the correct service address and permitted method before serving; do not assume the last known address or property address is sufficient.

For a clear record, if you choose to serve separate copies, use the same method for each and post them on the same day. First-class post is deemed served two working days after posting.

When One Joint Tenant Has Left

A common scenario: two people signed the tenancy agreement, but one has moved out and only one remains at the property. The tenancy agreement has not been formally varied to remove the departed tenant.

In this situation, both names are still on the tenancy. The absent tenant is still legally a party to the agreement. Form 4A must name both. Confirm the correct service address and permitted method for the absent tenant before serving.

If Form 4A omits the absent joint tenant, the notice is defective. Confirm the correct service method and address for the tenancy before serving.

Tribunal Challenges and Joint Tenants

Either joint tenant can independently refer the Section 13 notice to the First-tier Tribunal before the proposed effective date. One tenant does not need the other's agreement or cooperation to make the application.

If a challenge is filed, the tribunal determines the market rent for the property — not per tenant. The determination binds all joint tenants equally. The new rent (as determined by the tribunal) takes effect from the tribunal's decision date.

Practical Tips

Keep a record of how and when the notice was served. Retain a signed receipt (personal delivery), a Certificate of Posting (first-class post), or an email confirmation (if the tenancy permits electronic service). If the notice ends up at tribunal, clear proof of the service method and date will help address any procedural challenge.

Check the tenancy agreement before completing the form. Tenancy agreements sometimes list tenants differently from how they introduced themselves. The legal names on the agreement are what matter.

One rent, one effective date. Do not try to propose different rents or different effective dates for different joint tenants. There is one proposed rent for the property, taking effect on one date.

The Full Process

Our Section 13 rent increase guide covers joint tenancy service alongside every other step in the process — from verifying the 52-week rule through Form 4A completion and proof-of-service documentation.

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