Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
View all articles
Authors

Joint Tenancies and Notices to Quit after Leeds City Council v Price

Sep 29, 2018, 17:19 PM
The purpose of this article is to re-examine Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478, [1992] 1 All ER 1 and the cases that have followed it, and consider whether Price has created the opportunity to challenge these decisions by reference to domestic or European Convention principles
Slug : joint-tenancies-and-notices-to-quit-after-leeds-city-council-v-price
Meta Title : Joint Tenancies and Notices to Quit after Leeds City Council v Price
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 4, 2006, 10:20 AM
Article ID : 89155

Martin Iller, Solicitor and Deputy District Judge. On marriage or relationship breakdown joint tenants of rented accommodation might assume that they continue to enjoy security of tenure. However, this security is fragile once a spouse or partner leaves and seeks re-housing. If that individual gives notice to quit, even though this is without the knowledge or consent of the other, the tenancy will come to an end and that tenant will have no defence to a possession claim. Not only that, the notice will frequently have been encouraged by the landlord, who, faced with a tenant who seeks re-housing (often in circumstances where domestic violence is alleged) lacks the resources or the inclination to provide separate homes for each portion of the broken family. Although this would appear to go against everything that has been said about fair allocation of assets in White v White [1998] 2 FLR 310 and Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186 the House of Lords, in following nineteenth Century decisions on property law, has left the 'ambushed joint tenant' without security of tenure or, it would seem, any means of redress.

Arguments that the ambushed joint tenant had a defence under Art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (European Convention) fell on deaf ears in Harrow London Borough Council v Qazi [2003] UKHL 43, [2004] 1 AC 983 (Qazi). However, the House of Lords has recently been called upon to reconsider Qazi in Kay and others v Lambeth London Borough Council; Leeds City Council v Price and others [2006] UKHL 10 (Price). Although Price did not involve an ambushed joint tenant, the decision may have an impact on such cases in the future. The purpose of this article is to re-examine Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478, [1992] 1 All ER 1 and the cases that have followed it, and consider whether Price has created the opportunity to challenge these decisions by reference to domestic or European Convention principles. See October [2006] Fam Law 877 for the full article.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from