For the matrimonial implications: see Harrow London Borough Council v Johnstone [1997] EGCS 41.
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Q Given that a notice to quit served by one of two or more joint tenants will terminate a periodic tenancy regardless of the wishes the other(s) (see Hammersmith and Fulham London Borough Council v Monk [1991] 1 EGLR 263), can the reluctantly evicted tenant(s) sue the giver of the notice for breach of trust?
A No: see Notting Hill Housing Trust v Brackley [2001] EWCA Civ 601; [2001] 18 EG 175 (CS), holding that the consultation duties of a trustee, under section 11 of the Trusts of Land and Appointment of Trustees Act 1996, did not arise because the giver of the notice could not be said to be acting as trustee.
For the matrimonial implications: see Harrow London Borough Council v Johnstone [1997] EGCS 41.
