Is it possible to have more joint tenants in equity than the number of joint tenants in law? Dealing specifically with England and Wales: Is it possible for there to be more joint tenants in equity for a specific property than the number of joint tenants in law? For example, if A, B, C contribute to the purchase of a property, is it possible for only two of these parties to be legal joint tenants, whilst all three parties are beneficial joint tenants?
Yes. It is fairly common for there to be one owner at law, but another person who has a beneficial interest - such as a long-term cohabiting partner. This may arise because the parties set it up that way, or perhaps more often when courts find that there is a &quot;constructive trust&quot; or a &quot;resulting trust&quot;. See for example the concurring opinion of Lord Hope of Craighead in Stack v Dowden [2007] UKHL 17, Parties are, of course, free to enter into whatever bargain they wish and, so long as it is clearly expressed and can be proved, the court will give effect to it. But for the rest the state of the legal title will determine the right starting point. The onus is then on the party who contends that the beneficial interests are divided between them otherwise than as the title shows to demonstrate this on the facts. The resulting court process may find that the beneficial interest exists, or not, and what fraction of the property it represents. It's common to find situations where one party put up most or all of the whole purchase price of a house, which was then registered in both names, and they then disagree about whether it should be split 50-50 or otherwise - that's an example of the beneficial ownership differing in proportion from the (equal) legal ownership. (See Jones v Kernott [2011] UKSC 53 at paragraph 51 for an explanation of this particular pattern.) The same sort of case arises when a cohabiting partner does not own the house, but still contributes to the mortgage and other bills - then, depending on the facts at hand, there may be a &quot;constructive trust&quot;, and the partner is entitled to a share of the sale price of the house even though they are not its legal owner. A &quot;resulting trust&quot; might arise when someone contributed money for the purchase of the property, even though they didn't end up as a registered owner, but the parties acted in other respects as if they were joint owners.
In the lease agreement we stipulated that rent would be 50% off until the building received full services and then the full rent payment would be due. Ouch. I bet the lease agreement also says something like &quot;no other agreements verbal or otherwise are in effect for this agreement.&quot; So what you did was release the landlord from the responsibility to make the building habitable. Pretty sure you will need a lawyer to unwind this.
In most common-law jurisdiction, a purchaser buys a house subject to any existing lease. If that is true in your jurisdiction, the notice to vacate was illegal, and you are entitled to remain until the end of the current lease. The return of the deposit will depend on the condition of the property when you move out, and will be governed by the specific law of your jurisdiction. Residential leases are highly regulated in many places, and the laws vary widely. Often they vary even by individual cities or towns within a country. Without the specific locality in which the hosue is, no specific answer is possible.
Numbering is for the sake of clarity, and is not intrinsically required. If you refer to a section, you need a way to say which section you mean, and a vague description like "up there where I talked about copying" is insufficient. You can refer to a section by a title, if you need to refer to sections within the contract, as long as your titles match what you refer to them as (and you don't have two sections called "Your Rights").
A lease of land is not the same as a residential lease, the latter being strongly regulated by special laws. So caveat emptor is the default rule for land leases (see this article). You have to look at the laws of your state, but let's take Washington as an example. This is not a residential tenancy which is subject to different laws, it's just leasing land, similar to leasing a chainsaw or a car. Your implied warranty would be that the land is fit for the ordinary purposes for which land is used, and that is all. It might be worth wondering about whether building a cabin on the land changes your property tax liability.
Why use Part 8? Because the Civil Procedure Rules say so. See Practice Direction 56.2(2.1): ...the claimant in a landlord and tenant claim must use the Part 8 procedure as modified by Part 56 and this practice direction. And Rule 56.1(1)(f): (1) In this Section of this Part ‘landlord and tenant claim means a claim under – ... (f) section 214 of the Housing Act 2004. What is its purpose? Shelter's handy guide offers this: The Part 8 procedure is used where a rule or practice direction requires or permits it [see above], or where the claimant seeks the court's decision on a question that is unlikely to involve a substantial dispute of fact.
First review the existing contract for anything that specifies what happens at the end of the term. I have seen ones that switch to month to month, others automatically extend by a whole year. In the United states the rental law is done at the state level or even more local than that. So I took a look at the UK policies. I focused on England. Guidance How to rent: the checklist for renting in England Updated 24 March 2023 At the end of the fixed period If you want to stay If you want to extend your tenancy after any initial fixed period, there are a number of important issues to consider. Check Shelter’s website for advice. Do you want to sign up to a new fixed term? If not, you will be on a ‘rolling periodic tenancy’. This means you carry on as before but with no fixed term. Your tenancy agreement should say how much notice you must give the landlord if you want to leave the property – one month’s notice is typical. Shelter publishes advice on how you can end your tenancy. I then went to the shelter website How to end a periodic tenancy: How much notice You can give your landlord a legal notice called a 'notice to quit' to end a rolling tenancy. This is a more formal option. Your tenancy will end legally if you follow the rules on how much notice and where to send it. A legal notice must: be in writing give the right amount of notice end on the correct day Here is an example of a notice to quit. A legal notice ends your tenancy and your right to live in your home. Joint tenancies will end for all tenants even if only one of you gives notice. You cannot withdraw a valid notice if you change your mind. Your landlord may agree to let you or other joint tenants stay on after a notice ends. Minimum notice periods You need to give at least: 1 month if your rent is due monthly 4 weeks if your rent is due weekly You can usually give the minimum notice to end your tenancy if your most recent agreement does not mention a longer notice period or if you've never had a written agreement. You may still need to give more than the minimum notice to make sure it ends on the right day. If your agreement says you must give more notice Your agreement might have a 'notice clause'. For example, if it says you have to give 2 months' notice. A notice clause might not apply after your fixed term has ended but sometimes it will. When will the longer notice apply? The longer notice period will only apply if either: you never had a fixed term agreement your agreement says it continues as a contractual periodic tenancy after the fixed term You can ignore a notice clause in your most recent agreement if both: your fixed term has ended your agreement does not say that it continues as a contractual periodic tenancy It looks like the notice period is a month, unless the contract says that the notice period is longer during the periodic tenancy.
Nothing in the description strikes me as illegal or unlawful, so I am unsure of the grounds your friend would have for legal action. The questions a lawyer would ask (in addition to that) would be likely to include : How does your friend quantify the damage? The law is great for pursuing financial compensation, but does not handle abstract concepts. Has your friend used psychological counselling services, and what was the cost? What additional financial costs has your friend borne? If your friend has written to the University and has expected a response, what is the evidence of diminished trust? (The letter suggests otherwise.) Would a reasonable person (the proverbial "man in the street") be psychologically damaged by the events experienced by your friend? Is there evidence of a pre-existing condition? You've also mentioned yourself as a witness. Did you witness the eviction, or would you be attesting to your friend's state of mind? If the latter, what are your psychological qualifications? In the main Western jurisdictions, the answer to the question "can my friend sue?" is usually "yes", but whether they stood a chance of winning the suit would probably be a better question to ask. Your friend would only be likely to win a case against the University or the Security company if they could demonstrate unlawful or counter-contractual activity by staff, and were able to demonstrate financial damages that had been caused by that activity.