Nuisance: right to sue
Nuisance: right to sue
- 2000
- Estates Gazette Case Summaries [2000] EGCS 56(1) .
CA 13 April 2000. "Pemberton v Southwark LBC". The appellant (P) had a tenancy agreement with the respondent council, but fell into arrears of rent. P subsequently became a 'tolerated trespasser' having failed to comply with the terms of a suspended possession order. P later commenced proceedings in nuisance against the council, and the question arose as to whether P had sufficient interest in the premises to bring action against the council. The judge held that she did not. The appellant appealed. "Held" appeal allowed.
PEMBERTON V SOUTHWARK LBC
NUISANCE
TOLERATED TRESPASSERS
CAUSE OF ACTION
SECURE TENANCIES
CA 13 April 2000. "Pemberton v Southwark LBC". The appellant (P) had a tenancy agreement with the respondent council, but fell into arrears of rent. P subsequently became a 'tolerated trespasser' having failed to comply with the terms of a suspended possession order. P later commenced proceedings in nuisance against the council, and the question arose as to whether P had sufficient interest in the premises to bring action against the council. The judge held that she did not. The appellant appealed. "Held" appeal allowed.
PEMBERTON V SOUTHWARK LBC
NUISANCE
TOLERATED TRESPASSERS
CAUSE OF ACTION
SECURE TENANCIES