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

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

Chancellor announces levy on companies subject to anti-money laundering regulations

The Chancellor’s latest Budget Report outlined that the Government will introduce a £100 million Economic Crime Levy, otherwise known as the AML Levy no earlier than April 2022 to fund action to tackle money laundering and ensure delivery of reforms in the Government’s Economic Crime Plan.

View blog

Should heading the ball be banned in football?

A report by experts from the University of Glasgow looking at deaths caused by neurodegenerative disease in former professional footballers in Scotland.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up