Mexfield Housing Cooperative Ltd v Berrisford [2012] 1 AC 955
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:17:19 UTC
KEY POINTS
- A lease with an uncertain term is to be treated as a term of 90 years determinable on the death of the tenant.
- The presence of the phrase "from month to month" in the agreement indicates that it was meant to establish a monthly tenancy rather than a periodic lease.
FACTS
- Mexfield Housing Co-Operative Ltd is a housing co-operative that acquires properties from borrowers facing financial difficulties and rents them back to the borrowers. One of the properties was acquired from Ms Ruza Berrisford.
- Under an "Occupancy Agreement" between Mexfield and Ms Berrisford, she was required to pay rent weekly in advance. The agreement allowed termination by Ms Berrisford giving one month's written notice or by Mexfield exercising the right of re-entry in certain specified circumstances.
- Ms Berrisford fell into rent arrears but quickly paid off the amount owed. Instead of using the provisions in the agreement, Mexfield served a notice to quit to end Ms Berrisford's occupancy.
Explore more about
Mexfield Housing Cooperative Ltd v Berrisford
COMMENTARY
- This case is significant as it clarifies the legal treatment of agreements with uncertain terms. It establishes that, in certain circumstances, an agreement lacking a fixed duration can still be considered a lease if it meets the essential characteristics of a lease, such as exclusive possession and the payment of rent.
- The decision ensures that parties are not left in legal uncertainty when dealing with agreements that do not explicitly specify the lease term.
Any comments or edits about this case?
Get in touch Similar cases
Street v Mountford
A lease (tenancy) is characterized by exclusive possession. The likelihood of it being categorized as a lease increases if someone has sole possession of the property. “An occupier of residential acc...
Javad v Aqil
A tenant was allowed into occupation of business premises in anticipation of terms being agreed for the grant of a lease. The tenant paid £2,500, which was expressed, in a receipt signed by the landl...
Prudential Assurance Co Ltd v London Residuary Body
Plaintiff granted Defendant a lease for such time as exists until Plaintiff (a council) decides to broaden the road at 2 months notice. Rent was charged annually. In the end, they decided not to broa...
Bruton v London and Quadrant Housing Trust
A "lease" or "tenancy" is a legally binding agreement, independent of any other relationship between the parties. This agreement establishes a landlord and tenant relationship. Even if the parties us...
Binions v Evans
Defendant was allowed to have a lifelong rent-free lease by X but that the agreement could be determined with not less than 4 weeks notice. This was described in the contract as making Defendant a te...
Ambitious and intelligent students
choose Oxbridge Notes.
- Customer Support
- Sellers FAQ
- Contact Us
- Privacy Policy
- Terms and Conditions
©2024 Oxbridge Notes. All right reserved.