Can a joint tenant remain in possession after the other joint tenant has given notice to quit?

Pascoe, Susan ORCID: https://orcid.org/0000-0001-8618-2842 (2004) Can a joint tenant remain in possession after the other joint tenant has given notice to quit? The Conveyancer and Property Lawyer, 68 . pp. 370-387. ISSN 0010-8200 [Article]

Abstract

Discusses the development of case law on the validity of a notice to quit submitted by a single joint tenant where the other joint tenant wishes to remain in possession of the tenancy under the Trusts of Land and Appointment of Trustees Act 1996 s.11. Argues that the court was incorrect to rely on the rulings in Hammersmith and Fulham LBC v Monk and Crawley BC v Ure to justify the judgment in Notting Hill Housing Trust v Brackley and reflects on the reasoning which the court should have adopted in Brackley. Considers whether s.11(1) imposes a duty for trustees to consult beneficiaries which would result in breach of trust if the trustees failed to consult and offers solutions to the problem in Brackley. Examines the House of Lords' ruling in Qazi v Harrow LBC on whether a refusal to allow a joint tenant to remain in possession violated the European Convention on Human Rights 1950 Art.8 and observes the impact of the ruling in Qazi, as witnessed in the Court of Appeal rulings in Newham LBC v Kibata and Bradney v Birmingham City Council.

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