Adding someone to my tenancy

What is a joint tenancy?

It is when two or more people sign a tenancy agreement and jointly agree to keep to its terms and conditions. The Housing (Scotland) Act 2001 gives tenants the right to apply for a joint tenancy and the landlord must agree unless it has reasonable grounds for refusing. From November 1st 2019 the proposed joint tenant must have been resident for 12 months and informed us.

Things to think about before you apply

You and the other joint tenant(s) are equally responsible for keeping to all the conditions of the tenancy agreement - this is called being jointly and severally liable. For instance:

  • A breach of the tenancy agreement by one tenant is the responsibility of all tenants.
  • You and the other joint tenant(s) are jointly responsible for paying rent. If you choose to give up the property you must pay any outstanding rent arrears or rechargeable repairs, along with them, before you go.
  • If one of the joint tenants dies, your tenancy will continue, however, you will be responsible for any rent arrears or tenancy related debt.

Applying to add someone to the tenancy

Complete a Joint Tenancy form and return it to your local housing office.

Download a Joint Tenancy Application Form

Appealing if we do not consent

Please see the topic on 'Appealing against a housing decision'.

Creating one tenancy from two

If you are an East Lothian Council tenant, and wish to be housed with another East Lothian Council or Housing Association tenant living in East Lothian, you may receive extra points if you give up both tenancies to move together into a new joint tenancy. An application should be submitted.