Burton v Camden London Borough Council [2000]
Facts
- Burton and another were joint tenants under a statutory periodic tenancy (protected housing)
- The other person wished to leave, so purported to assign, by way of deed of release, her ‘part’ of the joint tenancy to Burton, so that Burton could retain benefits
Issue
- Could part of a joint tenancy be assigned, bearing in mind the non-assignment clause and statutory prohibition on such an assignment?
Decision
- No
Reasoning
- The ‘deed of release’ operated as an assignment, which was prohibited
