The Berrisford vs Mexfield case
The recent Supreme Court case of Berrisford v Mexfield Housing Co-operative Ltd. due to its potential wide-ranging implications for tenants of mutual housing co-operatives and associations, has been considered by the CCH General Council at its latest meeting on 28th November.
The Supreme Court considered a claim for possession against a tenant of a fully mutual housing association. Tenants of fully mutual housing co-operatives and associations do not have security of tenure, principally because they are also members of the organisation itself. For such tenants their tenancies are usually periodic - running from week to week or month to month and as such, can be terminated by the serving of a notice to quit - usually within prescribed circumstances such as for a breach of a tenancy condition.
In the Berrisford v Mexfield Housing Co-operative case the Supreme Court determined that the tenancy agreement created a lease for life. Thus it was converted by section 149(6) of the Law of Property Act 1925 into a 90-year lease which could only be terminated by the association under clause 6 - forfeiture for breach.
As a result, CCH has decided to seek support from its partners in determining the likely implications and the options available for its membership and will be posting its findings on its website as soon as practicable.
In the meantime, members are recommended to seek further information through their solicitors or through the following links:
- The Supreme Court's judgement in full (PDF)
- Case comment written by Arden Chambers (covers the case in a concise and accessible way).
