Joint tenancy meaning

See Q&A A and B served each other with a mutual notice to sever their joint tenancy, yet only an uncertified copy survives. Shortly afterwards both executed wills indicating they regarded the joint tenancy as severed. A died soon after. A Form A restriction had not been placed on the register before A’s death. Can A’s executors now apply to enter a Form A restriction? In England and Wales, where property is co-owned, the registered proprietors (or the legal owners of unregistered land) hold the legal estate as joint tenants and hold it on trust for the beneficial owners—often themselves, though not invariably. The beneficial interest may itself be held either as joint tenants or as tenants in common...

Original news Taylor v Taylor [2017] EWHC 1080 (Ch) In June 2012, a father, Mark, and his son, Boyd, acquired a transfer of a modest hotel with a campsite, together by way of conveyance. It was undisputed between both sides that this made them joint tenants at law at the time. The conveyance concerned part only of a wider tract of land within a larger holding. In May 2013, Mark served a notice to sever the joint tenancy which, on its very face, converted the beneficial joint tenancy (assuming that was its nature) into a tenancy in common in equal proportions. Nonetheless, Mark asserted a four-fifths share of the beneficial interest, citing his larger contribution to the purchase price. By contrast, Boyd maintained he was due one-half of the beneficial interest, on the basis of a promise to that effect and his reliance: he entered the deal, permitted funds he was entitled to be applied, and worked (with his wife) at the hotel and campsite. What are the practical...

In this issue: Residential tenancies Electronic communications Disputes and remedies LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Residential tenancies Level of financial penalties for house in multiple occupation offences (Shorr v Camden London Borough Council) In Shorr v Camden London Borough Council [2024] UKUT 202 (LC), [2024] All ER (D) 120 (Jul), the Upper Tribunal (Lands Chamber) (the UT) partially allowed the appeal brought by the married appellants (S and R). They challenged the First-tier Tribunal (Property Chamber) (the FTT), which had rejected their argument that they had a reasonable excuse—namely a lack of knowledge—for not securing an HMO licence for a flat occupied by four tenants under Part 2 of the Housing Act 2004 (HA 2004). Under the written tenancy, the second appellant (R) alone was identified as the landlord. The FTT had already adjusted the local authority’s financial penalties downward to ensure...

Variation of Will or intestacy after death—Q&As An instrument of variation can be used to alter how a deceased person’s estate is distributed under a Will or on intestacy. It is commonly executed by deed. To secure effectiveness—typically to obtain favourable inheritance tax (IHT) and capital gains tax (CGT) treatment under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)—certain formalities must be met. These include that the deed is in writing, contains the requisite statement applying the statutory provisions, is not made for any extraneous consideration, and is signed by all relevant parties, including the deceased’s personal representatives (PRs) where additional tax would otherwise arise. For guidance on deeds of variation, see Practice Note: Variation of Will or intestacy after death. See also Practice Note: Post-death rearrangements. Compliance with these requirements will usually deliver the intended IHT and CGT position. The formalities for execution of variation should be followed accordingly. Precedent deed of variation...

Where two or more people co-own land, they do so under a trust of land. In such a trust, the legal estate and equitable estate are distinct. The legal estate must be held by the co-owners as joint tenants. The beneficial interest may, however, be held by the co-owners either as: joint tenants, or tenants in common If they are joint tenants, each holds an indivisible interest: each owns the whole rather than a defined share. The right of survivorship applies, so on the death of one joint tenant, that person’s interest passes automatically to the other(s). If the beneficial interest is held as tenants in common, shares can be unequal, and a person’s share does not pass to the survivor but forms part of the deceased’s estate. A tenancy in common may arise on the original transfer or conveyance by an express declaration of trust, or where an existing joint tenancy is severed. Requirements for a valid declaration of trust...

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. For guidance on the Act’s impact on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This Practice Note outlines the options available to landlords and tenants for bringing an assured tenancy (AT) or an assured shorthold tenancy (AST) in England to an end. It concentrates on the landlord routes under sections 8 and 21 of the Housing Act 1988 (HA 1988), including the requirements for serving a notice seeking possession and the need to evidence any grounds relied upon. The pre-conditions for a section 21 notice include: Providing a gas safety certificate Supplying an Energy Performance Certificate Giving the How to Rent document Complying with a Tenancy Deposit Scheme It also addresses the court process for possession—varying according to whether section 8 or section 21 is used—and the steps to enforce a possession order where required. For material on granting...

THIS DEED This deed is dated [ date ] Parties [ Name of surviving joint tenant of property co-owned with deceased ] of [ address ] (the Surviving Joint Tenant) [ Names of new beneficiaries of deceased’s beneficial interest in the property ] of [ addresses ] (the New Beneficiaries) [ Names of Executors ] of [ addresses ] (the Executors) BACKGROUND [ Name of deceased ] (the Deceased) passed away on [ date of death ], leaving a final Will dated [ date of last Will ] (the Will). [ Probate of the Will was issued by the [ Principal OR [ name ] District Probate ] Registry of the Family Division of the High Court to the Executors on [ date of grant ]...

Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively referred to as Joint Tenants) background (A) Pursuant to [ [ a conveyance OR transfer ] OR an assent ] dated [ date ], entered into between (1) [ [ names of seller(s)/transferor(s) ] OR [ name(s) of personal representative(s) ] ]...

Date [ date ] Parties [ name of first joint tenant ] of [ address ] [ name of second joint tenant ] of [ address ] (collectively known as the Trustees) background (A) The Property set out in the Schedule (Property) is held by the Trustees on trust for themselves as tenants in common in equal...

Right to rent scheme The duties imposed by the right to rent scheme extend to all relevant lettings described in Practice Note: Residential tenancies—a tenant’s right to rent under the Immigration Act 2014, except where a letting is an excluded tenancy set out in Schedule 3 to the Immigration Act 2014 (IA 2014), also cited in that Practice Note. Be aware that social housing—as defined in IA 2014, Sch 3—is outside scope entirely...

Legal co-owners are equitable tenants in common—conversion to equitable joint tenancy Legal co-owners holding property for themselves as equitable tenants in common may, where they agree, opt to hold as equitable joint tenants by executing a fresh declaration of trust. Please consult Practice Note: Residential property—transfers of equity and dealings with equitable interests in residential conveyancing, paying particular attention to the main section Specific scenarios for guidance on that topic within that resource. You might also find these resources helpful: Trusts of land for property lawyers—Overview Trusts of land—overview ...

A nil-rate band discretionary trust A nil-rate band discretionary trust is a common method for reducing inheritance tax. It typically concerns property held by two people (most often a husband and wife as co-owners). They must own the home as beneficial tenants in common, meaning that any existing beneficial joint tenancy has to be broken. Each then executes a Will so that their share of the property, up to the inheritance tax nil-rate band, is directed not to the spouse but into a discretionary trust. The usual discretionary beneficiaries are the surviving spouse and the children. Instead of the survivor taking outright the other’s share of the property (whether by survivorship where it was a beneficial joint tenancy or by a legacy), the trust retains that share and, on the death of the survivor, the portion within the trust does not fall into the estate for inheritance tax purposes...