Berrisford v Mexfield Housing Co- Operative Ltd: CA 15 Jul 2010

The Society ran a mortgage rescue scheme, buying properties from borrowers unable to maintain mortgage repayments, and letting them back. As a co-operative, the former owners would become members. Because it was a mutual housing co-operative, the tenancy had no security beyond the 1977 Act. The appellant fell behind with her rent, but denied that the provisions of the tenancy agreement would allow the landlord to recover possession in this way, saying that it operated as a lease for life. The court at first instance had applied the LRB case to support the grant of possession.
Held: Mummery and Aikens LJJ considered that they were bound by the authority to make the possession order, but Wilson LJ held that the contractual limitation on Mexfield’s right to determine the Agreement was enforceable by Ms Berrisford.
Mummery, Wilson, Aikens LJJ
[2010] EWCA Civ 811, [2010] 2 EGLR 137, [2011] 2 WLR 423, [2010] HLR 44, [2010] 29 EG 87, [2010] L and TR 25, [2011] PTSR 236, [2011] Ch 244
Protection from Eviction Act 1977
England and Wales
Appeal fromMexfield Housing Co-Operative Ltd v Berrisford ChD 5-Oct-2009
The claimant appealed against refusal of a summary order for possession of the defendant tenant’s house for arrears of rent. The arrears arose through delay in payment of Housing Benefit, and all arrears had been cleared by the hearing of the . .
CitedPrudential Assurance Co Ltd v London Residuary Body and Others HL 16-Jul-1992
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The . .

Cited by:
Appeal fromBerrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .

These lists may be incomplete.
Updated: 26 February 2021; Ref: scu.420767