0151 665 0320Sharing a house with friends, colleagues or strangers is how millions of people rent. But shared living adds a few wrinkles to your deposit rights, and they are worth understanding. If you and your housemates paid a deposit between you, you may have a joint tenancy deposit claim – and the way the money was held can change who claims, and how the compensation is shared. This guide untangles it.
First, what kind of tenancy do you have?
In a shared house, there are broadly two arrangements, and the difference matters a great deal.
1. A joint tenancy
Everyone signs one tenancy agreement together. You are all tenants of the whole property. There is usually a single combined deposit. This is the most common set-up for a group of friends renting a house together, and it is where the phrase joint and several liability comes in: each of you is responsible, individually and collectively, for the whole rent and the whole tenancy – not just “your share”.
2. Individual tenancies (common in HMOs)
In many a house in multiple occupation (HMO), each tenant signs their own separate agreement for their own room, often paying their own deposit. You are not legally tied to the people in the other rooms. Here, your HMO deposit claim is yours alone.
If you are unsure which you have, look at the agreement: one document with everyone’s names is a joint tenancy; a document with only your name and your room is an individual tenancy.
The protection rules apply just the same
Whichever arrangement you have, the landlord’s duties under the Housing Act 2004 do not change. Within 30 days of receiving the deposit they must:
- protect it in an authorised scheme (DPS, MyDeposits or TDS), and
- serve the prescribed information.
Crucially, in a joint tenancy the prescribed information generally must be given to all the joint tenants, with the correct details. If your landlord protected the combined shared house deposit but only told one housemate, or got the details wrong, that can still be a breach affecting everyone on the agreement.
Who can claim, and who gets the money?
This is the question we are asked most about shared houses, so let us be clear.
Joint tenancy
Because you are all tenants under one agreement with one deposit, a claim for failure to protect that deposit is typically brought by the joint tenants together, and any penalty awarded by the court (one to three times the deposit) relates to that single deposit. In practice the compensation is then shared between the housemates. The penalty is calculated on the whole deposit, not multiplied per person – so it is usually one award to be divided, rather than a separate full award for each tenant.
Individual HMO tenancy
Here each tenant has their own deposit and their own agreement. So each tenant has their own independent claim based on their own deposit. Your housemate’s situation has no bearing on yours; you stand or fall on your own paperwork and dates.
| Joint tenancy | Individual / HMO tenancy | |
|---|---|---|
| Agreements | One, shared | One each |
| Deposit | Usually one combined deposit | One per tenant |
| Who claims | The joint tenants together | You, individually |
| Penalty basis | The whole deposit, shared | Your own deposit |
What happens when housemates change?
Shared houses rarely stay still. People move out, new housemates move in, and this is where things get interesting. When a housemate leaves a joint tenancy and a new one replaces them, the landlord and tenants often create a new tenancy or vary the existing one. As with any renewal, this can mean the deposit is treated as received again, re-triggering the duty to protect and serve prescribed information. If the landlord did nothing, that may be a fresh breach – much like the renewal scenarios that affect any tenancy.
So if your shared house has seen several changeovers, there may be more than one potential breach lurking in the timeline.
How to check your shared-house claim
- Confirm your tenancy type. Joint or individual? Check whose names are on the agreement.
- Find the deposit details. How much was paid, by whom, and which scheme (if any) holds it.
- Check who received the prescribed information. In a joint tenancy, all tenants generally should have.
- Map any housemate changes and the dates they happened.
- Get a free deposit check so we can work out who can claim and what it is worth.
For the basics of how protection should work, see deposit protection schemes explained. If you are ready to act, how to start a deposit claim walks you through it, and our piece on your rights as a private tenant gives the wider context for shared living.
Frequently asked questions
We all signed one agreement – can just one of us claim?
A joint tenancy claim is usually brought by the joint tenants together because there is one deposit. The recovered penalty is then shared. We can advise on how to handle it if some housemates are unreachable.
I rent a room on my own contract in an HMO. Is my claim separate?
Yes. With your own agreement and your own deposit, you have your own independent claim regardless of your housemates.
Does joint and several liability hurt my claim?
No. Joint and several liability is about responsibility for rent and obligations during the tenancy. It does not stop you claiming for an unprotected deposit.
Housemates have come and gone – does that matter?
It can help. Each changeover that creates a new tenancy may re-trigger the landlord’s duties, potentially adding further breaches.
Renting with others? Get a free deposit check and we will work out exactly who can claim and what your shared house is owed. Call Cook Legal Solicitors on 0151 665 0320.
This article is general information, not legal advice. For advice on your own situation, contact Cook Legal Solicitors for a free deposit check.