Where there is a joint tenancy which goes into ‘limbo’ and then one of the joint tenants dies, the surviving former joint tenant cannot apply for a revival of the joint-tenancy under section 85(4). All the deceased joint tenant had was a personal and non-transmissible right to apply for revival.
Citations:
(1997) 29 HLR 857
Jurisdiction:
England and Wales
Cited by:
Cited – London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 04 July 2022; Ref: scu.231656