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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Sims v Dacorum Borough Council  EWCA Civ 12 (24 January 2013)
Cite as:  EWCA Civ 12,  HLR 14
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ON APPEAL FROM THE WATFORD COUNTY COURT
DEPUTY DISTRICT JUDGE WOOD
Claim No: OWD03363
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE ETHERTON
SIR SCOTT BAKER
| MICHAEL SIMS
|- and -
|DACORUM BOROUGH COUNCIL
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MR ANDREW LANE and MR DEAN M UNDERWOOD (instructed by Dacorum BC Legal, Democratic & Regulatory Department) for the Respondent
Hearing date: 9th October 2012
Crown Copyright ©
Lord Justice Mummery:
"100. Where either joint tenant wishes to terminate their interest in a tenancy they must terminate the full tenancy as in (92) above.
101. We will then decide whether any of the other joint tenants can remain in the property or be offered more suitable accommodation."
"79. Having reviewed the Council's decisions to refuse Mr Sims a new tenancy and to bring proceedings seeking possession and the Council's own reviews of those decisions I am quite satisfied that the Council's careful decision-making process amply accorded with Article 8.1. I also consider that the decision that the Council made was one to which it could reasonably have come."
Submissions for Mr Sims
"The judge was wrong in law in deciding that the service of a notice to quit by one joint tenant was effective to terminate a joint secure tenancy. This breaches the appellant's rights under Article 8 and/or article 1 of the First Protocol of the European Convention on Human Rights."
Submissions for the Council
Lord Justice Etherton:
Sir Scott Baker: