The Supreme Court has ruled that a notice to quit served by one joint tenant determines the tenancy and does not infringe on European Human Rights.
In the case of Sims v Dacorum Borough Council, the Court of Appeal dismissed an appeal against an earlier Court of Appeal decision. The Court held that the existing law allowed a joint secure tenant to end a tenancy unilaterally and would not interfere with the co-tenant’s rights under Article 8 (the right to respect home and family life) and Article 1 (the right to peaceful enjoyment of possessions). Had the Supreme Court ruled the other way, a situation could have arisen whereby a tenant, having served a notice to quit, had to remain a tenant against their will, leading to other human rights questions.
Whilst this is a welcome relief to many housing authorities and private landlords, the specific wording in the tenancy agreement provided for determination by a single joint tenant, so it is advisable to check the wording of a tenancy agreement carefully where there are joint tenancies.
For more information, speak to property litigator Laura St-Gallay.
Note: This article is not legal advice; it provides information of general interest about current legal issues.
