is a House of Lords case concerning joint tenancies.
Facts Mr Monk and Mrs Powell had a weekly tenancy of a flat at 35 Niton Street, London SW6. Their landlord was Hammersmith and Fulham London Borough Council ("the council"). In 1988, Mr Monk and Mrs Powell fell out and Mrs Powell left. She asked the council for alternative accommodation and they agreed to re-house her if she would terminate the tenancy of 35 Niton Street. She gave four weeks' notice to end the tenancy without Mr Monk's knowledge or consent.
The council notified Mr Monk and sought to evict him. He declined to leave.Judgment
Law In a joint tenancy that is not a fixed term tenancy, notice to quit served by one joint tenant terminates the tenancy for all tenants.Will Chen, solicitor, case summary in Lawprof.co.Joint tenancies, Shelter. In a subsequent decision (Sims v Dacorum Borough Council) the Supreme Court confirmed that this does not violate any tenant's human rights.
Courts below In the County Court, the judge held that Mrs Powell's notice to quit was ineffective to end the tenancy and dismissed the claim. The Court of Appeal reversed this and made an order for possession.
Judgment Lord Bridge of Harwich in his review of the case law and authorities said:
He went on to review legal authorities and cases including Doe d. Aslin v Summersett (1830) 1B. & Ad. 135; Doe d. Kindersley v Hughes (1840) 7M. & W. 139; Alford v. Vickery (1842) Car. & M. 280; Howson v. Buxton (1928) 97 L.J.K.B. 749; Leek and Moorlands Building Society v. Clark 2 Q.B. 788; Greenwich London Borough Council v. McGrady (1932) 46 P. &. C.R. 223; and a Scottish legal case, Smith v. Grayton Estates Ltd.. 1960 S.C. 249 and concluded:
The other four judges agreed.
Notes