Pemberton v Southwark LBC
Pemberton v Southwark LBC
- 2000
- Estates Gazette [2000] 21 EG 135-142(8) .
CA 13 April 2000. Sccure tenant (P) from 29 July 1992, a tolerated trespasser, appealed against a CC ruling that she had no course of action against landlord (S) for infestation of cockroaches. Held that a tolerated trespasser has the right to exclusive possession and has sufficient interest to sustain an action in nuisance. Appeal allowed.
PEMBERTON V SOUTHWARK LBC
TOLERATED TRESPASSERS
SECURE TENANCY
NUISANCE
EXCLUSIVE POSSESSION
CA 13 April 2000. Sccure tenant (P) from 29 July 1992, a tolerated trespasser, appealed against a CC ruling that she had no course of action against landlord (S) for infestation of cockroaches. Held that a tolerated trespasser has the right to exclusive possession and has sufficient interest to sustain an action in nuisance. Appeal allowed.
PEMBERTON V SOUTHWARK LBC
TOLERATED TRESPASSERS
SECURE TENANCY
NUISANCE
EXCLUSIVE POSSESSION