The second tenant sought leave to appeal an order for possession of a flat. He had been joint tenant with his brother. The brother’s solicitors had written on the basis that the first brother alone was tenant.
Held: The case of Ayinde could not rescue the defendant. There had been no unequivocal surrender by the first brother. Leave was refused.
Judges:
Potters LJ, Holman J
Citations:
[1997] EWCA Civ 1702
Jurisdiction:
England and Wales
Citing:
Distinguished – London Borough of Tower Hamlets v Ayinde CA 1994
The tenant had gone out of possession, moving permanently back to Nigeria and at the same time writing to the landlord to say that he and his family had moved and had agreed that the defendant (a cousin who had lived with him prior to his return to . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 26 May 2022; Ref: scu.142098
