Doe d. Whayman v Chaplin: 1310

Four persons were the joint lessors on a periodic tenancy. Three only of the joint lessors gave notice to quit against the wishes of the fourth. At one stage the court inclined to the view that in order to determine the tenancy all four lessors had to agree. However after further argument it was held that each of the three who had given notice to quit was entitled to put an end to the tenancy of his share and the three who had given notice to quit were therefore entitled to recover three parts of the land. As a result, the defendant apparently was entitled to stay on the land in right of his tenancy of one part as tenant in common with the three lessors who had given notice. the giving of notice to quit by three out of the four joint lessors was not sufficient to determine the tenancy of the whole land.


(1310) 3 Taunt 120


England and Wales

Cited by:

No longer good lawHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.272276