Q&As

The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes that the tenancy should be assigned by both joint tenants into the name of one of them. However, the second joint tenant is not cooperating with that proposal. Can the other joint tenant request that the landlord releases them from the tenancy?

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Published on LexisPSL on 07/01/2021

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes that the tenancy should be assigned by both joint tenants into the name of one of them. However, the second joint tenant is not cooperating with that proposal. Can the other joint tenant request that the landlord releases them from the tenancy?

The contractual term of a commercial lease has ended and the tenancy is currently periodic. There are two joint tenants. One of the tenants proposes that the tenancy should be assigned by both joint tenants into the name of one of them. However, the second joint tenant is not cooperating with that proposal. Can the other joint tenant request that the landlord releases them from the tenancy?

A surrender of a lease granted to two or more joint tenants is only effective if all joint tenants are parties to the surrender. This applies to both tenancies during the fixed term and periodic tenancies. (See Leek and Moorlands Building Society v Clark).

If the tenancy has the protection of the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954)

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