header-logo header-logo

05 December 2014 / Nicholas Dobson
Issue: 7633 / Categories: Features , Property
printer mail-detail

A proportionate response

nicholas-dobson

Nicholas Dobson reports on a Supreme Court ruling on terminating a joint tenancy

“The past,” observed LP Hartley in his successfully filmed 1953 novel, The Go Between, “is a foreign country: they do things differently there”.

Often, perhaps, but not always. For, although legal life was undoubtedly rather different in December 1991, pre-the Human Rights Act 1998 (HRA 1998), when the House of Lords handed down its decision in Hammersmith and Fulham LBC v Monk [1992] 1 AC 478, [1992] 1 All ER 1, the Supreme Court recently upheld the principle established in that case.

This was that, where a joint tenancy is periodic and terminable by a notice to quit, the common law rule is that (subject to any contractual term to the contrary) the tenancy will be validly determined by service on the landlord of a notice to quit by only one of the joint tenants.

The recent case in question was Sims v Dacorum Borough Council [2014] UKSC 63, [2014] All ER (D) 126 (Nov), judgment in which was given

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll