Jurisdiction(s):
United Kingdom

England and Wales Court of Appeal clarifies surrender by operation of law and regrant in joint secure tenancies: Rahimi v City of Westminster Council [2024] EWCA Civ 73

Published on: 22 February 2024

Published by a LexisNexis Property Disputes expert

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Article summary

Rahimi v City of Westminster Council [2024] EWCA Civ 73

What are the practical implications of this case?

The Court of Appeal offered valuable clarification on a body of law that has developed incrementally since Victorian times. The court distilled the following core propositions:

To establish a surrender by operation of law of a joint tenancy, the party asserting it must prove that all joint tenants and the landlord were party to an arrangement inconsistent with the joint tenancy continuing.
Where a tenant gives up possession and, at the tenant’s request or with the tenant’s consent, the landlord grants a fresh tenancy to a third party, that original tenant’s conduct is sufficient to amount to unequivocal behaviour.
By contrast, permanently vacating a dwelling and asking for alternative accommodation does not amount to giving up possession; factual occupation is not the same as legal possession.
When determining whether a surrender has occurred, the court may look at the whole course of conduct of the landlord and the tenant(s)...

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