Introduction

In this article we consider a notice to quit given by one tenant when there are joint tenants. Does a notice from one end the tenancy for all tenants? What if one of the joint tenants fails to leave?

Short notice or exercising break clause during fixed term

A short notice or a notice exercising a break clause must be given by all joint tenants. [Hounslow .B.C. v. Pilling [1993] 1 W.L.R. 1242.]

Notice to quit to end “on the last day of the tenancy”

Assured shorthold tenancy

If one joint tenant wishes to terminate before, or on the last day of a tenancy by giving a notice to quit, the notice to quit must be given by all tenants and all tenants must vacate before midnight on the last day, otherwise a statutory periodic tenancy will arise “immediately” [s5 Housing Act 1988].

“In the case of joint tenants any action must be on the part of all of them: 1988 Act , s 45(3) . This is contrary to the position at common law: Hammersmith & Fulham LBC v Monk [1991] UKHL 6 . “

Common law Tenancy

Unless there is express provision to the contrary (for which see below under periodic), one of several joint tenants may ... Please login or signup to continue reading this content

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