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Orthodoxy confirmed, but at what cost?

By James Brown and Mark Pawlowski


Examines the Court of Appeal ruling in Mexfield Housing Co-operative Ltd v Berrisford on whether a periodic tenancy agreement concluded by a housing association, which purported to prohibit the landlord from seeking possession unless the tenant was in arrears of rent, or otherwise in breach, could be terminated by way of a notice to quit, even where no breach had occurred, on the ground of uncertainty of term. Considers whether the agreement could be enforced under the rules of equity

Topics: K1
Publisher: Legalease
Year: 2010
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