Can a joint tenant drop out? A common question that arises from landlords and also letting agents is whether or not a joint tenant can surrender their tenancy and what impact this has on the other tenant. Historically, where more than one-person owned land, they owned the land either in common or jointly. Common ownership […]
Unsigned Section 21 Notice, valid or invalid? In the case of Barker v Hands [2007] EWCA Civ 869 a landlord served a notice on the tenant under section 21 of the Housing Act 1988. The tenant failed to the leave the property by the end of the notice period and the landlord subsequently issued a […]
A tenancy deposit scheme safeguards tenancy deposits paid in connection with shorthold tenancies. Landlords commonly require tenants to pay a deposit, as security for any damage that the tenant may do to the property. Chapter 4 of the Housing Act 2004 sets out the framework for tenancy deposits. The core purpose of Chapter 4 of […]
Hammersmith & Fulham LBC v Monk [1991] UKHL 6 (05 December 1991) Though old, this case concerned the effect of a notice to quit given by one joint tenant without consent of the other joint tenant in relation to a periodic tenancy. Mr Monk and Mrs Powell held a periodic tenancy as joint tenants at […]
Timothy Taylor Ltd v Mayfair House Corporation and another [2016] EWHC 1075 (Ch) The tenant operated a high-class art gallery from the ground floor and basement of a five-storey building in Mayfair. Under the 20 years lease, the landlord reserved an express right to alter or rebuild the building, even if the gallery (or its use or […]
Renting boats may at first instance seem the same as letting property which is part of land, such as a house. However, the problem some landlords have faced is the determination of whether renting a boat creates a tenancy or a license. A tenancy creates interest in land, as the courts have found, a boat […]