One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release her interest in the tenancy.
Held: Arcane notions of the ownership of the entire property by each of two joint tenants should not be used to get around the legislation. Whether expressed as assignment, surrender, release or otherwise, it could not change the nature of the tenancy.
Judges:
Lord Browne-Wilkinson Lord Nicholls of Birkenhead Lord Steyn Lord Hobhouse of Woodborough Lord Millett
Citations:
Times 23-Feb-2000, Gazette 02-Mar-2000, [2000] 2 WLR 427, [2000] UKHL 8, [2000] 2 AC 399, [2000] 1 All ER 943, (2000) 79 P and CR D38, [2000] 1 EGLR 49, [2000] 14 EG 149, [2000] 1 FCR 481, [2000] NPC 16, (2000) 32 HLR 625, [2000] L and TR 235, [2000] BLGR 289, [2000] EG 23
Links:
House of Lords, House of Lords, House of Lords, Bailii
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Solihull Metropolitan Borough Council v Hickin SC 25-Jul-2012
The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. . .
Cited – Sims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Benefits
Updated: 23 May 2022; Ref: scu.135057