Termination of tenancy relationship in contractual co-tenancy; same application of 'separation rules' as for statutory co-tenancy

In the case of legal co-tenancy, the "separation rule" applies. This means that, in case the tenants (or one of them) wish (wishes) to terminate the tenancy relationship, both the tenant and the co-tenant can request the court to assign the tenancy to one of them. Not only the other tenant, but also the landlord is bound by this court decision, while the latter is not a party to the proceedings and his interests are not considered. In late 2021, the Supreme Court ruled that this "separation rule" also applies in the case of contractual co-tenancy. This has far-reaching consequences for landlords. This article will discuss this in more detail.

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