Sims v Dacorum Borough Council [2013] EWCA Civ 12; [2013] All ER (D) 172 (Jan); (2013) 157(4) SJLB 43

01 Jan 2018


Dean Underwood and Andrew Lane represented the local authority in its successful defence of Court of Appeal proceedings. Mr Sims challenged the compatibility of the common law rule in Hammersmith LBC v Monk [1992] 1 AC 478 – whereby one of joint tenants can end the tenancy on behalf of all such tenants unilaterally by serving the landlord with notice to quit – with Article 8 and Article 1 of the First Protocol to the European Convention on Human Rights. In a strong judgment, the Court of Appeal rejected the challenge. Presently, Mr Sims seeks permission to appeal to the Supreme Court.