Mexfield 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 appeal. The claimant said that as a fully mutual housing co-operative, it was not governed by the 1988 Act, and that the tenancy was merely one at common law which could be terminated on notice. The tenant had lived there since 1993 and this was her first and remedied breach, and at first she had relied on her human rights.
Held: The tenancy was a common law tenancy with no overriding statutory procedure to protect it. Given that the tenancy can be terminated by service of the relevant contractual notice. The question of whether or not there are arrears or whether or not the rent had been agreed to be taken in a different basis of that specified in the Agreement are completely irrelevant to the overriding power given the Appellant to terminate the tenancy by an appropriate contractual notice.
Applying the case of North British Housing association, the court had no discretion to adjourn the order for possession.

Peter Smith J
[2009] EWHC 2392 (Ch), [2009] NPC 110, [2009] 41 EG 115 (CS), [2010] 1 P and CR DG8
Industrial and Provident Societies Act 1965, Housing Act 1988, Housing Act 1980 89
England and Wales
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 . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
CitedNorth British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
CitedDoncaster Pharmaceuticals Group Ltd and Others v The Bolton Pharmaceutical Company 100 Ltd CA 26-May-2006
Appeals were made against interlocutory injunctions for alleged trade mark infringement.
Held: The court should hesitate about making a final decision for summary judgment without a trial, even where there is no obvious conflict of fact at the . .

Cited by:
Appeal fromBerrisford 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 . .
At first instanceBerrisford 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 . .
CitedBubb v London Borough of Wandsworth CA 9-Nov-2011
The appellant had sought housing assistance. She had been offered accomodation but refused it as unreasonable. The authority declined further assistance. She now appealed against the refusal of the county court judge to set aside the decision . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 01 November 2021; Ref: scu.375621