Q&As

In a case where the landlords are multiple individuals (A, B and C) who hold the property as tenants in common, A and B agree to the assignment but C is refusing due to a personal dispute. Do we need consent from all three landlords for the assignment to be valid?

Read full title

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 14 January 2025

Where a legal estate is vested in two or more persons those joint proprietors are treated in law as a single owner: Hammersmith LBC v Monk. A, B and C must hold the legal estate of the relevant property as legal joint tenants (section 36(2) of the Law of Property Act 1925). They may hold the beneficial interest in the property as tenants in common.

Access this content for free with a 7 day trial of LexisNexis and benefit from:

Instant clarification on points of law
Smart search
Workflow tools
42 practice areas

Would you also like a quote?

I confirm I am a lawyer or work in a legal capacity, intend to use LexisNexis products for business purposes and agree with the terms and conditions.^**

^**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.

Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).