0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

possession proceedings and joint tenancies

11 February 2013

The case of Sims v Dacorum Council has affirmed that a joint tenancy can be ended by one tenant serving notice to quit without the other tenant’s knowledge without breaching the European Convention of Human Rights (ECHR).

This right was originally affirmed in Hammersmith & Fulham Council v. Monk (1991). The Sims case sought to challenge the law in this area on the basis of a breach of Mr Sims’ human right to respect for his home and the right to freedom from interference with his possessions. The Court of Appeal rejected these arguments, concluding there was no incompatibility between the right of termination of a joint tenancy by one joint tenant and the ECHR.

Whilst Mr Sims considers whether to apply for permission to appeal social housing providers can continue to apply for possession of a property let on a joint tenancy where one joint tenant has served a Notice to Quit but the other joint tenant seeks to remain in the property.

related opinions

Internal Market Bill published today – the start of the controversy?

The Internal Market Bill is published today, but amid much controversy.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View blog

“Caution” is now the watchword when it comes to directly awarding public sectors contracts

The judicial review proceedings brought by the Good Law Project against the Department of Health and Social Care in relation to the £108m contract the Department awarded for PPE in April are about to shine a light on Regulation 32(2)(c) of the Public Contracts Regulations 2015.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up