3 Joint Tenants
4.40 Where the tenancy is held by joint tenants, or where the reversionary estate is held by joint landlords, special rules apply. At common law, all joint tenants must agree if a periodic tenancy is to continue for a new period.
A periodic agricultural tenancy can therefore only be continued into the next period if all holders of the joint interest in the tenancy, or the reversion, agree.86 It follows that one out of joint tenants can validly terminate a periodic tenancy by notice to quit given to the landlord.87 Similarly, one out of joint landlords can give notice to quit.88 Service by the landlord on one out of joint lessees is effective, provided it is addressed to all.89 This is to be contrasted with surrender of the tenancy, which cannot be effected by one out of joint tenants. To be effective, a surrender of the tenancy before its contractual term date must be effected by all joint tenants.90 While the termination of a periodic tenancy by notice to quit is permitted by one out of joint tenants (above), a notice will only be effective if (properly construed) it is a notice to quit and not a purported surrender. If the notice purports to terminate the tenancy other than at the end of a period of tenancy, and in accordance with the common law rules, it will be construed as a surrender, and will only be effective if all joint tenants concur in giving it.91
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