Joint Tenancy in UK Law

Leading Cases
  • Hammersmith and Fulham London Borough Council v Monk
    • House of Lords
    • 05 Dic 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 Jul 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.

  • Pettitt v Pettitt
    • House of Lords
    • 23 Abr 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.

  • Jones v Challenger
    • Court of Appeal
    • 14 Mar 1960

    In the case we have to consider, the house was acquired as the matrimonial home. But with the end of the marriage, that purpose was dissolved and the primacy of the duty to sell was restored. If the husband wanted time to obtain alternative accommodation, the sale could be postponed for that purpose, but he has not asked for that. If he was prepared to buy out the Plaintiff's interest, it might be proper to allow it, but he has not accepted a suggestion that terms of that sort should be made.

  • Stack v Dowden
    • House of Lords
    • 25 Abr 2007

    but "did the parties intend their beneficial interests to be different from their legal interests?" I know of no case in which a sole legal owner (there being no declaration of trust) has been held to hold the property on a beneficial joint tenancy. Another difference is that it will almost always have been a conscious decision to put the house into joint names.

    The burden will therefore be on the person seeking to show that the parties did intend their beneficial interests to be different from their legal interests, and in what way. In family disputes, strong feelings are aroused when couples split up. These often lead the parties, honestly but mistakenly, to reinterpret the past in self-exculpatory or vengeful terms. They also lead people to spend far more on the legal battle than is warranted by the sums actually at stake.

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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 ......
  • Agricultural Holdings Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......a contract of tenancy which is a contract for an agricultural. tenancy, not being a contract ... .   . ( b . ) those persons make a joint application in writing to the. Minister for his approval of that ......
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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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