Notting Hill Housing Trust v Brackley & Anor [2001] EWCA Civ 601 (24 April 2001)

Notting Hill Housing Trust v Brackley & Anor [2001] EWCA Civ 601 (24 April 2001)

Service of notice to quit by one joint tenant is not the exercise of a trustee function under section 11 of the Trusts of Land and Appointment of Trustees Act 1996; therefore, no duty to consult arises, and the notice is valid to determine the tenancy.

Citation
[2001] EWCA Civ 601
Parties
Claimant/respondent: Notting Hill Housing Trust; Defendant/appellant: Frank Brackley; Part 20 Defendant: Julie Brackley
Jurisdiction
England and Wales
Judgment Date
24 April 2001
Procedural Posture
Appeal / Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Joint Tenancy, Notice to Quit, Trusts of Land, Section 11 Trusts of Land and Appointment of Trustees Act 1996, Breach of Trust, Possession Proceedings
Landlord and Tenant Trusts and Equity Joint Tenancy Notice to Quit Trusts of Land Section 11 Trusts of Land and Appointment of Trustees Act 1996 Breach of Trust Possession Proceedings

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Parties

Notting Hill Housing Trust

Claimant/respondent

Frank Brackley

Defendant/appellant

Julie Brackley

Part 20 Defendant

Procedural Posture

Appeal / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether service of notice to quit by one joint tenant is an exercise of a trustee function under section 11 of the Trusts of Land and Appointment of Trustees Act 1996 requiring consultation with the other joint tenant
  2. 2 Whether failure to consult amounts to breach of trust
  3. 3 Whether landlord can rely on a notice to quit procured in breach of trust

Ratio Decidendi

Service of notice to quit by one joint tenant is not the exercise of a trustee function under section 11 of the Trusts of Land and Appointment of Trustees Act 1996; therefore, no duty to consult arises, and the notice is valid to determine the tenancy.

Court Disposition

Appeal dismissed

Orders

  • Order for possession in favour of Notting Hill Housing Trust, not to be enforced before 22nd May
  • Mr Brackley to pay the costs of Notting Hill Housing Trust, assessed as nil