Joint Contractual Periodic Tenancy - Hypothetical only

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    Joint Contractual Periodic Tenancy - Hypothetical only

    This is not a real situation.
    It's not for an essay or anything, the question just occurred to me and I don't know the answer and I can't find anything (in a 5 minute search admittedly) to answer it.

    Imagine a joint and several tenancy that creates a contractual periodic tenancy, so the initial tenancy is not replaced by a statutory periodic tenancy but continues.

    Assuming the agreement doesn't address it, can the individuals that constitute the tenant can be trapped by one of them declining to serve notice?
    Or does the rule about joint tenants being able to serve notice in a periodic tenancy apply in this case?

    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    #2
    Hammersmith v Monk was decided on a contractual periodic tenancy (that was periodic from the start). The only limitation is that the tenancy agreement did not say anything on the matter, so a CPT that requires a NTQ to be given with the agreement of all joint tenant may well be valid. The SC case that sort of considered it more recently had a clause that explicitly say one of the joint tenant can give notice without agreement of the rest so doesn't help there.

    So in your hypothetical example, not a problem for one of the joint tenant serving notice to determine without agreement.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Thanks, I should have just messaged you shouldn't I?!

      There's a lot of that judgement that would be very influential if anyone were to test the one joint tenant moves out before the end of the fixed term but are still part of the subsequent periodic tenancy issue.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment

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