Tag Archive for 'fully mutual'

Co-ops, equity and void leases

By NL on 20/07/2010. 27 Comments

Berrisford v Mexfield Housing Co-Operative Ltd [2010] EWCA Civ 811

We reported on the High Court appeal in this case here. By the time it reached the Court of Appeal it had turned into quite a different case altogether. At the High Court, Ms Berrisford was unrepresented and summary judgment was given against her on Mexfield’s possession claim, on the basis that, as a tenant of a fully mutual housing co-op, her tenancy was outside Housing Act 1988 and was terminable on notice to quit. At first instance, Mexfield had been refused summary judgment on the basis that Ms B’s tenancy agreement said that possession proceedings would only be … Read the full post

Posted in FLW case note, Housing law - All and Licences and occupiers. Tags: , , , , , , , .

I’ll get you, my pretty, and your little dog, too!

By Francis Davey on 17/03/2010. 0 Comments

Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 is a decision that was decided on its facts, but since it is the first example of a claim for judicial review against a housing co-operative, I took an interest.

The facts are that Mr Joseph was a tenant of Nettleton Road Housing association. Nettleton Road Housing is a fully mutual housing co-operative. This means that its tenants can be neither secure, assured or (for those in residence for a long time) protected by the Rent Acts. The thinking being that a co-op, being run by its members, can be relied on to act fairly towards the generality of … Read the full post

Posted in Possession and Uncategorized. Tags: , , , .
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