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Pemberton v Southwark LBC

Series: Estates Gazette ; [2000] 21 EG 135-142(8)Publication details: 2000Subject(s): Summary: 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.

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.