Oppression and the rent arrears protocol

Home Group Limited v Jacqueline Emery & anor, Edmonton County Court 08/08/16 (County Court decision unreported elsewhere). This is a county court case, so not binding, but involves an interesting issue on what might amount to oppression in obtaining a possession order via the rent arrears section of the pre action protocol for possession by social […]

Monk silenced

Sims v Dacorum Borough Council [2014] UKSC 63 If there is a positive to take from this, it is that it is a Supreme Court judgment that won’t take long to discuss. The issue of the rule in Monk that notice by one joint tenant determines the whole tenancy came before the Court, on the […]

Monkey on my back*

Even since McCann v. UK (2008) 47 EHRR 40, a lot of people (around these parts) have been waiting for a case on Article 8 and the rule in Hammersmith v Monk (Hammersmith and Fulham LBC v. Monk [1992] AC 478) to reach the higher Courts. Is the rule that notice by one joint tenant determines the tenancy for […]

Proportionality, Art. 8 and Monk

Chesterfield BC v Bailey is a highly instructive case heard at first instance by Recorder Tilbury in the Derby County Court. We thank Philip Barber of Zenith Chambers for providing us with a transcript of the judgment. The Defence was run by Chesterfield Law Centre. [Now on Bailii [2011] EW Misc 18 (CC) ] The […]

Trial Separation

Quigley v Masterson [2011] EWHC 2529 (Ch) raises an interesting point about the severance of a beneficial joint tenancy. The background is sadly familiar. The late Mr Pilkington formed a relationship with Mrs Masterson. They lived together in a house as joint legal and beneficial tenants. Their relationship broke down and Mrs Masterson (together with […]

Well, You Needn’t*

Poplar Housing and Regeneration Community Housing Association Limited (Poplar Harca) v Stephen Howe [2010] EWHC 1745 (QB) When we reported on Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) two weeks ago, we noted that another application for permission to appeal on the issue of the rule in LB of Hammersmith and […]

The Monk habit

Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) This was the combined permission/appeal hearing in the High Court from a first instance hearing by a CJ of a defence to a possession claim based on an NTQ served by a joint tenant. The principal ground of appeal was a further argument that […]

But I hardly know you

Why do people do it? Why do they sign up for joint tenancies with private landlords together with people they have only just met? I’m sure it all seems terribly exciting, but what are you letting yourself in for with your shiny new shorthold assured tenancy? You and all the joint tenants are ‘jointly and […]