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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

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