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Pemberton v Southwark London Borough Council [2000]

Facts

  • The claimant fell into arrears on payments for her rented house and became a tolerated trespasser

Issue

  • Could a claim in nuisance for the presence of cockroaches be made by a tolerated trespasser?

Decision

  • Yes

Reasoning

  • Tolerated trespassers have standing to sue due to exclusive possession
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