Joint tenants and notice to quit

Mr and Mrs McCann were joint secure tenants of their council house. Their marriage broke down and Mrs McCann claimed to be the victim of domestic violence. Mr McCann was excluded from the house by an injunction but Mrs McCann felt unable to remain.

In August 2001, the council rehoused her under its domestic violence policy. She returned her keys to the housing office with a note saying she was giving up the tenancy of her former home.

In November 2001, Mr McCann moved back into that home and renovated it. In January 2002, he applied for a mutual exchange with another council tenant (his wife signed that application).

At that point the council realised the joint tenancy had never been terminated. A council officer obtained Mrs McCann’s signature to a notice to quit. She did not understand this would mean her husband would lose his home. When she found out, she tried to retract but the notice was valid. The council then obtained a possession order to evict him.

Mr McCann sought a judicial review claiming the council had acted unlawfully. He said the council should have used the statutory ground for possession in cases of alleged domestic violence (Ground 2A) and had acted in bad faith in procuring the notice to quit when it did.

The judge dismissed the claim. The council had not acted improperly or unlawfully. It did not need to use Ground 2A when an alternative was available.