Howson v Buxton: CA 1928

After one tenancy the former tenant as landlord’s representative became joint tenants with the new tenant who provided the funds and bought out the former tenants compensation rights. The landlord gave notice to terminate the tenancy, and the new tenant gave notice of his desire to claim the compensation. The landlord said the notice was inadequate since only one tenant had given it.
Held: The notice was adequate. It had been given by the tenant with effectively all the equity in the tenancy. Furthermore (Greer LJ doubting) the object of the section was to ensure that the landlord would know what claims were to be made against him, great injustice night be caused by a requirement that all the tenants should join in the notice.


Scrutton, Sankey, Greer LJJ


(1928) 97 LJKB 749, [1928] LT 504


Agricultural Holdings Act 1923 12


England and Wales

Cited by:

DisapprovedHammersmith 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 . .
CitedGreenwich London Borough Council v McGrady CA 1982
A notice to quit given by one of two joint tenants without the consent of the other was effective to determine the periodic tenancy to which it related.
Sir John Donaldson MR said: ‘In my judgment, it is clear law that, if there is to be a . .
CitedHammersmith and Fulham London Borough Council v Monk CA 1990
Mr Monk and Mrs Powell held a tenancy of the council in their joint names. They fell out and Mrs Powell gave the contractual four week notice. Mr Monk objected that this should not have allowed the council to end the tenancy.
Held: The notice . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 29 April 2022; Ref: scu.183456