Ending social housing joint tenancy
- 08 Feb
According to recent case law, a social tenant is able to end a joint tenancy with the council, without the other tenant's knowledge.
The Court of Appeal has recently ruled it is compatible with Human Rights law that a tenant can end the joint tenancy of their home, without the knowledge of the other joint tenant.
Via: Inside Housing
In a key case in 1991 involving a cohabiting couple, Hammersmith & Fulham Council v Monk, the House of Lords found that Ms Powell had the right unilaterally to end the joint tenancy of a flat she shared with Kenneth John Monk, by serving the council with notice to quit.
In the recent case Sims v Dacorum Council, Michael Sims faced a similar situation. He argued that the law, which allowed his wife to end their joint tenancy of a three-bedroom house in Hertfordshire, without his knowledge, breached his right to respect for his home under article 8 of the European Convention of Human Rights and to freedom from interference with his possessions under article 1 of the ECHR's first protocol.
Mr Sims argued that service of the notice should be treated as a release of his wife's interest in the tenancy to him, leaving him the sole tenant of the house, or that he should be able to set the notice aside under legislation governing trusts of land.
But the Court of Appeal rejected Mr Sims' argument. His right to occupy the house had, to his knowledge, always been limited by his wife's right to end their joint tenancy by notice to quit. That was the nature of their bargain with the council, as it was the bargain of all joint tenants with their landlords. The exercise by Mrs Sims of her right to end the tenancy could not, therefore, amount to an interference with Mr Sims' rights, qualified as they were.
Giving the lead judgement on 24 January, Lord Justice Mummery concluded that ‘there is no incompatibility between the rules of English property and contract law relating to the termination of a joint tenancy by one joint tenant and the ECHR. I cannot think of a sensible purpose that would be served by the expenditure of yet more public funds...on a repeat of this debate before five (or even more) justices of the Supreme Court'.
For many landlords, this judgement will bring a welcome end to speculation about Monk's compatibility with the ECHR. County courts should now be able to lift the stay of possession claims awaiting the outcome of Mr Sims' case. His legal advisors may apply to the Supreme Court for permission to appeal, but as matters stand, any change to this law will have to be made by parliament.
- 01 Jul
SCOTLAND AHEAD OF THE UK ON BUILDING NEW HOMES
SNP Housing Minister, Kevin Stewart said the following while commenting on Social Security and Equalities in the Scottish Parliament, SCN reports:"These figures demonstrate Scotland's strong...
- 23 Jun
HEALTHY DIETS FOR CARE HOMES
Joanna Cox, a manager of Chandos Lodge, said:"Food is a huge factor in our residents' lives and we want to ensure the meals we provide not only satisfy their tastes but benefit their health."Healthy...
- 16 Jun
DO HEALTH AND SOCIAL CARE SERVICES NEED INTEGRATION?
Although, many integration initiatives have been introduced across the NHS; For example, vanguard sites to the prime minister's Challenge Fund and integrated care pioneers- many involving GP...
- 15 Jun
LANDLORDS DIVIDED ON HOW TO VOTE IN EU REFERENDUM
The findings show that landlords are evenly split, with 35% intending to vote leave and 35% intending to vote to remain, reports Housing Excellence.According to Richard Lambert, the NLA's Chief...
- 10 Dec
Highest records of working families since 1996
Research has also shown that parents of young children, who were part of a couple, were almost twice as likely to be in a job. In comparison to older mothers, young mothers under 24 were only half as...
- 05 Dec
What percentage of people have mental disorders in the UK?
Percentage of adults suffering from common mental disorders:Prevalence of common mental disorders:Women (19.7%) are significantly more likely to experience common mental health disorders than men...
- 03 Dec
Safe Tweets, safe Twitter
Twitter is one of the most popular platforms where users across the globe collectively contribute 500 million Tweets every day. However, it can sometimes be inevitable that you come across content...
- 17 Jun
Google Creates System to Eradicate Child Abuse Images
Pressure was on the company to do something about the problem after it emerged that men convicted of murdering Tia Sharp, aged 12, and April Jones, aged 5, had been viewing the indecent images online...
- 04 Jun
How Councils Can Improve Home Care
Read the full article at Community Care.Southwark council has agreed in principle to Unison's ethical home care charter and is working with local providers to find out how they could raise pay ...
- 31 May
Man Aged 83 is First Reported Assisted Suicide for Dementia
Reported @ BBC News | Health on 31/5/13He was assessed as mentally competent to make the decision at the centre in Switzerland, as he was only in the first stages of the disease.He did not want to...
Support Solutions 5th National Housing Support & Social Care Conference 2014 Good organisation from beginning to end. Excellent keynote speaker. Relevant and important topics for discussion which were to everyone's advantage within the supported housing sector. B.H - Stevenage Haven