Further example of joint tenancy approach.
Man and woman occupied plaintiff’s flat.
2 separate but identical agreements.
Granted ‘licensee’ right to use rooms in common with
others.
others.
Also that ‘licensee’ shall pay certain sum per month.
Woman later moved out and man continued to pay his own
rent.
rent.
Then fell into arrears and plaintiffs sought possession.
Defendant argued agreements taken together created
joint tenancy and he was entitled to Rent Act protection.
joint tenancy and he was entitled to Rent Act protection.
Court rejected claim.
Recognised principle in Antoniades.
However, four factors must be present for creation of
joint tenancy:
joint tenancy:
1. Unity of
possession.
possession.
2. Unity of
interest.
interest.
3. Unity of
title.
title.
4. Unity of
time.
time.
Problem here with unity of interest.
Unity of interest imports ideas of joint rights and
joint obligations.
joint obligations.
Yet no joint obligation regarding rent – each party only
responsible for their own rent.
responsible for their own rent.
