Notting Hill Housing Trust v Brackley and another
Notting Hill Housing Trust v Brackley and another
- 2001
- Estates Gazette [2001] 35 EG 106-110(5) .
CA 24 April 2001. A and B held a joint tenancy. A left the premises and served a notice to quit on landlord (C). C commenced possession proceedings on B. B claimed A was in breach of Trusts of Land and Appointment of Trustees Act 1996 s11, and thus that the notice to quit was void. Judge held notice to quit was valid. B appealed, contending that under s11 the service of a notice to quit was the exercise of a function that required consultation between joint tenants. Held that the 1996 Act had not affected the Law of Property Act 1925 s26. Appeal dismissed.
LAW OF PROPERTY ACT 1925 S26
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
NOTTING HILL HOUSING TRUST V BRACKLEY
NOTICE TO QUIT
JOINT TENANCIES
CA 24 April 2001. A and B held a joint tenancy. A left the premises and served a notice to quit on landlord (C). C commenced possession proceedings on B. B claimed A was in breach of Trusts of Land and Appointment of Trustees Act 1996 s11, and thus that the notice to quit was void. Judge held notice to quit was valid. B appealed, contending that under s11 the service of a notice to quit was the exercise of a function that required consultation between joint tenants. Held that the 1996 Act had not affected the Law of Property Act 1925 s26. Appeal dismissed.
LAW OF PROPERTY ACT 1925 S26
TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996
NOTTING HILL HOUSING TRUST V BRACKLEY
NOTICE TO QUIT
JOINT TENANCIES