At Howay Legal, we’re often asked: “Do I need to sever my tenancy?” If you co-own a property, understanding how that ownership is structured – and whether it should be changed – is an important part of estate planning.
In this post, we’ll explain:
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The difference between joint tenants and tenants in common
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Why you might want to sever your tenancy
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How we can help, including our £120 fixed-fee service
🔑 Joint Tenants vs Tenants in Common
👥 Joint Tenants
If you own your home as joint tenants, each owner holds 100% of the property. You share it equally, and:
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You can’t leave your share to anyone in your Will
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If one of you dies, the other automatically inherits the whole property (this is called the right of survivorship)
This setup is common for married couples and partners who want everything to go to each other.
🧾 Tenants in Common
If you hold the property as tenants in common, each person owns a distinct share. This could be 50/50 or unequal shares (e.g. 60/40).
The main benefit? ✅ You can leave your share of the property to whoever you like in your Will.
This is especially useful if:
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You have children from a previous relationship
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You want to place your share of the home into a trust
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You’re no longer in a relationship with your co-owner
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You’re doing estate planning and want more control
✂️ What is Severance of Tenancy?
Severing a tenancy means changing ownership from joint tenants to tenants in common. This removes the automatic right of survivorship and allows each owner to deal with their share separately.
This is particularly important if your Will includes a life interest trust – for example, you want your partner to live in the property after your death, but your share to ultimately go to your children.
🛠️ How We Can Help
At Howay Legal, we offer a simple, fixed-fee severance of tenancy service for just £120.
Our service includes:
✅ Drafting the Notice of Severance
✅ Preparing and submitting the SEV form to HM Land Registry
✅ Guidance on serving the notice (in joint or unilateral severance)
✅ Support throughout the process – no jargon, just clear steps
✅ Optional coordination with your Will or trust documents
We’ll also advise if the title is unregistered and what steps to take, and we can help update your name on the register if needed.
❓ Common Questions
🔹 Can I do this without my co-owner’s agreement?
Yes – this is called a unilateral severance. One owner can serve a Notice of Severance on the other, and we can guide you through that process, including the required evidence for HM Land Registry.
🔹 How do I check how my home is currently owned?
We can obtain a copy of your Land Registry title for just £3 and confirm whether you hold the property as joint tenants or tenants in common.
🔹 Does this affect mortgage or ownership rights?
No. Severing the tenancy changes how the property is held legally, but doesn’t affect your mortgage or the fact that you co-own the property.
📑 Why It’s Important
Without severing a joint tenancy, your share of the home will automatically pass to the other owner – even if your Will says otherwise.
Signing a Notice of Severance clearly shows your intention to hold the property as tenants in common and ensures your estate planning reflects your wishes.
💬 Ready to Get Started?
Our fixed-fee £120 severance of tenancy service makes the process simple and affordable.
📲 Message us on WhatsApp
📞 Or book a free call – we’re happy to explain the process in plain English.
