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severing a joint tenancy

i have a question regarding severing a joint tenancy.

if Jack, john, and David are joint tenants of both the legal and equitable interests of a property. what would happen if:

Jack wrote letters to John and David to severe the joint tenancy by ordinary post. Although John received and read his letter, David did not as before the letter was delivered to the property by the postman, David was killed by an accident.

thanks in advance.
Reply 1
Avatar for sleekchic
sleekchic
18
In relation to Jack and John, I think that it would depend on the wording if Jack's letter ie Jack's intention to severe the tenancy must be clear enough ie 'I wish to give you notice of my desire to severe ...' Goodman v Gallant

In relation to Jack and David, Kinch v Bullard says that notice in writing may be effective even if its is not received by the other Joint Tenant ie David. And Re 88 Berkeley Road says that notice is effective even if it is not received by the joint tenant. But correct if I'm wrong, I think the courts have equated giving notice under s36(2) with notice under s196(4) LPA 1925 so notice/letter of severance is effective if it is sent by registered post and this case as its ordinary post it wouldn't be valid?

I doubt this is right but I'm sure someone else will confirm this.
Reply 2
Avatar for RealDeal90
RealDeal90
OP
thank you for replying i will look at these cases to get a better understanding, i also do not think it would be valid as he sent the letter by ordinary post, whereas he should have sent the letter by registered or recorded post.

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