The High Court has held that the long established rule in Hammersmith v Monk (1992) - that one joint tenant can unilaterally terminate the joint tenancy by giving proper notice to quit on the landlord - is not incompatible with Article 8 of the Human Rights Act 1998 (right to respect for one's home).

It was argued for the defendant that the rule was incompatible on the basis that its operation made it possible for a person (the remaining joint tenant) to be deprived of all legal interests in their home without their knowledge, consent or involvement in the decision.

This argument was rejected with the judge concluding that the House of Lords in LB Harrow v Qazi was plainly aware of the decision in Monk and gave no indication that it might be inconsistent with Article 8. Until such time as Qazi was overruled or modified, any argument as to the incompatibility of Monk with Article 8 was bound to fail.

Lana Wilson (by her litigation friend the Official Solicitor) v London Borough of Harrow (2010) EWCA 1574 (QB)