Pemberton v Mayor and Burgesses of London Borough of Southwark: CA 13 Apr 2000

A tenant had continued in occupation as a tolerated trespasser after a possession order. She made regular payments but failed to comply with the order setting terms for suspension. She sought damages from the landlord for nuisance for not dealing with an infestation of cockroaches. The landlord authority asserted that she had insufficient interest to found a claim. She was not a tenant.
Held: Her continued occupation with the implicit consent of the authority, ‘the peculiar status of a ‘tolerated trespasser”, was sufficient to make her an occupier able to claim in nuisance.


Roch LJ, Clarke LJ, Sir Christopher Slade


Times 26-Apr-2000, [2000] EWCA Civ 128, [2000] 1 WLR 1672




England and Wales


CitedThompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .

Cited by:

CitedLondon Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd CA 28-Jul-2005
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become . .
CitedKnowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
CitedWillis and Another v Derwentside District Council ChD 10-Apr-2013
The claimants sought damages alleging the escape of noxious CO2 gas from the defendant’s neighbouring land. The gas originated from old coal workings.
Held: There had come to be a liability falling in the defendant from 2006. Its delay in . .
Lists of cited by and citing cases may be incomplete.

Housing, Nuisance

Updated: 19 May 2022; Ref: scu.84643