A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could not be resisted. Statutory tenancies, whether arising under the Rent Act 1977 or the Rent (Agriculture) Act 1976 – are not properly to be regarded as a form of property; rather, they confer a ‘status of irremovability’.
Judges:
Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hoffmann, Lord Hope of Craighead, Lord Saville of Newdigate
Citations:
Times 20-Aug-1998, Gazette 16-Sep-1998, [1998] UKHL 35, [1999] 1 AC 313, [1998] 4 All ER 1, [1998] 3 WLR 451
Links:
Statutes:
Matrimonial Causes Act 1973 24 37(2)(b), Rent Act 1977
Jurisdiction:
England and Wales
Citing:
Cited – Hammersmith 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 . .
Appeal from – Newlon Housing Trust v Alsulaimen CA 16-Jan-1997
The tenant had been joint tenant with his wife of a house. On the breakdown of the marriage, she left and gave notice to quit to the council. The council sought and obtained an order for possession, against which the husband now sought leave to . .
Cited by:
Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Cited – Gay v Sheeran, London Borough of Enfield CA 18-Jun-1999
The ability for a court to order the transfer of a secure tenancy between partners under the Act depended upon the court first making an occupation order in favour of the party from whom the tenancy was to be transferred, but the order could be made . .
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. . .
Cited – Notting Hill Housing Trust v Brackley and Another CA 24-Apr-2001
One of two joint tenants was able to give a notice to quit a joint periodic tenancy, without first referring to the co-tenant. If this was inappropriate, then it was for Parliament to change the law. Such a notice was not the exercise of a . .
Lists of cited by and citing cases may be incomplete.
Family, Landlord and Tenant
Updated: 31 May 2022; Ref: scu.158966