Hypothetical husband and wife, Jack and Jill, are joint tenants under a secure periodic tenancy granted by the local authority, Crown Borough Council.
Jack and Jill’s relationship ends. Jill unilaterally serves notice on Crown terminating the tenancy. Crown refuses to transfer the tenancy into Jack’s sole name and issue possession proceedings. The rule in Hammersmith and Fulham LBC v Monk  1 A.C. 478 states that a joint residential tenancy is terminated automatically if one joint tenant unilaterally serves a notice to quit on the landlord. Jack asserts that the rule is incompatible with Article 8 of the European Convention on Human Rights 1950 (ECHR) and Article 1 of the First Protocol to the ECHR. Is there any merit in Jack’s appeal?
The Court of Appeal has answered in the negative in the case of Sims v Dacorum Borough Council  EWCA Civ 12. The Court held:
Elizabeth Dwomoh / 1st Feb 2013
The information and any commentary on the law contained on this web site is provided free of charge for information purposes only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any member of Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments on this site. No responsibility is accepted for the content or accuracy of linked sites.
If you like what you've read but want to know more about how we can help you, simply call us:
Alternatively you can send us an email and a member of our team will contact you as soon as possible.