The claimant’s parents were secure joint tenants. After her father left, the mother later died. The respondent served a notice on the father terminating the tenancy since as the survivor and not resident, he was not entitled to continue the tenancy. The claimant sought to succeed to the tenancy. The Court of Appeal allowed the claimant’s appeal against an order for possession. The Council itself now appealed.
Held: The appeal failed (Lord Mance and Lord Clarke dissenting). The statutory rules under the 1985 Act were erected on the background of common law. A secure tenancy is not merely a creature of the 1985 Act, but an estate in land. Therefore on the death of the first co-tenant the survivor continues with the tenancy. There has been no transmission.
Lord Hope, Deputy President, Lord Walker, Lord Mance , Lord Clarke, Lord Sumption
[2012] UKSC 39, UKSC 2010/0239, [2012] WLR(D) 224, [2012] 1 WLR 2295, [2012] HLR 40, [2012] 2 PandCR 16, [2012] 4 All ER 867
Bailii, Bailii Summary, SC Summary, SC
Housing Act 1985 87 88 89 90 91 113
England and Wales
Citing:
Appeal from – Yerrakalva v Barnsley Metropolitan Borough Council and Another EAT 8-Dec-2010
EAT PRACTICE AND PROCEDURE – Costs
Discrimination claim withdrawn – Judge awards Rs 100% of their costs, not on the basis that the claim had been misconceived or unreasonably pursued from the start but . .
Cited – Cunningham-Reid v Public Trustee CA 1944
At common law, upon the death of a joint tenant, the tenancy is vested in the survivor, or jointly in the survivors if there is more than one.
Luxmoore LJ said: ‘In the present case there is no evidence of what the bargain between the . .
Cited – Burton v London Borough of Camden HL 27-Jan-2000
One tenant left the other in a flat subject to a protected secure tenancy. The legislation prohibited assignment of such tenancies. In order to support an application by the remaining tenant the departing tenant executed a deed purporting to release . .
Cited – Birmingham City Council v Walker HL 16-May-2007
The tenant was the son of the former tenant. The tenancy had originally been in the ownership of his father and his mother. The father died in 1969, when the tenancy not yet a secure tenancy. On the mother’s death, the council argued that the first . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 09 November 2021; Ref: scu.463146