Q&As

A Landlord owns a property, according to the official copy from HM Land Registry (OCE), as joint tenants (ie A and B). The landlord then enters in to a tenancy agreement, but put their name as being A and B, as trustees for X trust. Would a section 21 notice, and later a claim form for possession, be valid if it was done in the name of A and B solely, with no mention of the trust?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 16 March 2018
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In England and Wales property in multiple ownership is held in two manners. The legal proprietors of the property are those in whose name title is held; if the property is registered their names will be entered upon the proprietorship register. The legal owners hold the property on trust for the beneficial owners. The beneficial owners may and often will be the same as the legal owners, but do not have to be. Joint legal owners hold the legal title as joint tenants. The beneficial interest can be held either as equitable joint tenants or as tenants in common,

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Official copy definition
What does Official copy mean?

A copy of an official document, supplied and marked as such by the office which issued the original.

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