Joint Tenancy in UK Law

Leading Cases
  • Hammersmith and Fulham London Borough Council v Monk
    • House of Lords
    • 05 Diciembre 1991

    If before 1925 the implied consent of both joint tenants, signified by the omission to give notice to quit, was necessary to extend the tenancy from one period to the next, precisely the same applies since 1925 to the extension by the joint trustee beneficiaries of the periodic tenancy which is the subject of the trust.

    The action of giving notice to determine a periodic tenancy is in form positive; but both on authority and on the principle so aptly summed up in the pithy Scottish phrase "tacit relocation" the substance of the matter is that it is by his omission to give notice of termination that each party signifies the necessary positive assent to the extension of the term for a further period.

  • Bedson v Bedson
    • Court of Appeal
    • 22 Julio 1965

    If afreehold is conveyed to and upon trust for themselves as joint tenants, each has the same beneficial interest in that property as the. If there be two beneficial joint tenants, severance produces a beneficial tenancy in common in two equal shares. and by declaration of the beneficial joint tenancy between and B, their respective rights and titles are no less clearly laid down and established than if there had been a declaration of a beneficial tenancy in common in equal undivided shares.

  • Birmingham City Council v Walker
    • House of Lords
    • 16 Mayo 2007

    Thus, while a statutory tenancy can pass from one person to another only in very limited circumstances (such as the statutory transmission on death or by a court order on divorce) a secure tenancy can in principle pass in any way permissible at common law.

  • Pettitt v Pettitt
    • House of Lords
    • 23 Abril 1969

    So that, in the absence of all evidence, if a husband puts property into his wife's name he intends it to be a gift to her but if he puts it into joint names then (in the absence of all other evidence) the presumption is the same as a joint beneficial tenancy.

  • Ainsbury v Millington
    • House of Lords
    • 12 Marzo 1987

    In the instant case neither party can have any interest at all in the outcome of the appeal. Their joint tenancy of property which was the subject matter of the dispute no longer exists. It has always been a fundamental feature of our judicial system that the courts decide disputes between the parties before them; they do not pronounce on abstract questions of law when there is no dispute to be resolved.

  • Harris and Another v Goddard and Others
    • Court of Appeal (Civil Division)
    • 25 Julio 1983

    Joint tenancy is a form of co-ownership, or concurrent ownership, of property. Its special feature is the right of survivorship, whereby the right to the whole of the property accrues automatically to the surviving joint tenants or joint tenant on the death of any one joint tenant. Severance is, as I understand it, the process of separating off the share of a joint tenant, so that the concurrent ownership will continue but the right of survivorship will no longer apply.

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Legislation
  • Joint Tenancy (Ireland) Act 1823
    • UK Non-devolved
    • 1 de Enero de 1823
  • Bodies Corporate (Joint Tenancy) Act 1899
    • UK Non-devolved
    • 1 de Enero de 1899
  • Housing (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ......)(b) in such manner as it thinks fit (and may in particular publish a joint report with any other social landlord).". . (2) In section 21 of the ... . . . (d) the person's tenancy has been terminated by the landlord under section 18(2) of the Housing ......
  • Agriculture (Miscellaneous Provisions) Act 1976
    • UK Non-devolved
    • 1 de Enero de 1976
    ......of State, or the Minister and the Secretary of State. acting jointly;. . ‘enactment’ means any provision of a public general Act,. of a ... . notice for the termination of the tenancy is earlier,. before that date), the subsequent notice to quit shall. not ......
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Books & Journal Articles
  • Notices to Quit, Protective legislation and the Joint Tenancy Doctrine
    • Núm. 48-4, Julio 1985
    • The Modern Law Review
  • Intention, Fairness and the Presumption of Resulting Trust after Stack v Dowden
    • Núm. 71-1, Enero 2008
    • The Modern Law Review
    ......Where parties h old as bene¢cial joint tenan ts it is well estab lished that, upon severan ce, they will hold in ...3 Where parties hold under an exp ress bene¢cial join t tenancy this will be conc lusive , but many conv eyances do not contain an expr ......
  • “Let The Hand Receiving It Be Ever So Chaste. …”1
    • Núm. 37-5, Septiembre 1974
    • The Modern Law Review
    ...... decisive and the presumption is that he was then sane.46 JOINT TENANCIES A question unlitigated in England is what happens if ...), or under a will or on an intestacy, in a joint tenancy “the sur- vivor’s right previously in existence is ......
  • Notes Of Cases
    • Núm. 28-4, Julio 1965
    • The Modern Law Review
    ...... S. M. THIO. THE JOINT MATRIMONIAL BANKWG ACCOUNT AND ITS PROCEEDS Re Bishop raised the ... the event of a breakdown of the marriage upon a tenancy in common. In such a case prima facie the 50:50 ......
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Law Firm Commentaries
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