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 ‘function’ relating to the land within the Act, and accordingly there was no need to consult on the notice with the co-tenant. The notice simply served to indicate an unwillingness to withhold consent to the continuance of the tenancy, to allow a liability to continue to accrue. The words of the new Act were strikingly similar to the Act it replaced, and the concept of ‘function’ was not extended.
Citations:
Times 15-Jun-2001, Gazette 14-Jun-2001, [2001] EWCA Civ 601, [2001] L and TR 34, (2001) 82 P and CR DG26, [2001] 35 EG 106, [2001] 18 EGCS 175, [2001] 3 EGLR 11, [2002] HLR 10, [2001] WTLR 1353
Links:
Statutes:
Trusts of Land and Appointment of Trustees Act 1996 11
Jurisdiction:
England and Wales
Citing:
Cited – Newlon Housing Trust v Alsulaimen and Another HL 29-Jul-1998
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 . .
Cited by:
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, Trusts, Housing
Updated: 19 May 2022; Ref: scu.84370
