34. In Murdoch v. Barry, there is no requirement for the parties to formally enter into an agreement of “tenancy in common” and in the case before me there was no formal agreement to convert the tenancy. Although there was still one lease agreement and it set out the intention of a “joint and several tenancy” the conduct of the Landlord and A.A. over the course of the agreement changed and their behaviour severed the joint tenancy relationship with A.A.
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