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Cohabitants caught between a rock and a hard place
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When a relationship between an unmarried couple breaks down in the absence of family law based remedies for cohabitants it can prove particularly difficult to decide who should remain in a rental property in joint tenancy. These issues are compounded when impecunious and uninformed litigants do not have legal representation. The Court of Appeal's decision two days ago on Tuesday 14 July in
Guerroudj v Rymarczyk [2015] EWCA Civ 743 gives guidance how a court should approach this situation.
In 2011 Mr Guerroudj and Ms Rymarczyk entered into a joint secure tenancy of a ground floor flat secured from the local council partly due to Mr Guerroudj's back condition. Following an acrimonious relationship breakdown in mid-2013 with each accusing the other of violent behaviour by 2014 they each applied for a transfer of the tenancy into their sole names.
On 17 June 2014 HH Judge McIntyre decided in favour of Mr Guerroudj as he was in a position to compensate Ms Rymarczyk whereas she could not compensate him. The Judge included a liberty to apply provision as he was evidently...
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