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Berrisford v Mexfield Housing Co-operative Ltd [2011]

Facts

  • Berrisford was granted the right (by contract) to live in Mexfield Housing Association’s property ‘from moth to month until determined’
  • Upon giving notice to Berrisford to leave within 4 weeks, Berrisford refused to leave

Issue

  • Did Berrisford need to leave?

Decision

  • No

Reasoning

  • In the absence of any contrary intention, an agreement to create a month to month tenancy did create a monthly periodic tenancy
  • As on the facts, the term was uncertain, s 149(6) of the Law of Property Act 1925 turned the agreement into a 90 year fixed term lease determinable under express provisions
  • Bruton v London and Quadrant Housing Trust [2000] was correct in law, and Bruton would not have rights exercisable against the owner of the property; only against the Housing Trust. Both Bruton and the housing trust could have assigned their rights.
  • This case also upheld the unqualified rights of lessees and lessors to determine periodic tenancies in the interest of certainty of duration
  • To distinguish between fixed term leases and periodic tenancies, see land law notes on leases
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