Fully Mutual Housing Co-operatives and Possession Claims

02 Sep 2015


Journal of Housing Law 


Vol.18 - No. 5

The article discusses the Chancery Division decision in Southward Housing Co-operative Ltd v Walker, involving a fully mutual housing association’s possession claim for rent arrears, and reflects on the judge’s reasoning when finding, with reference to the Supreme Court ruling in Mexfield Housing Co-operative Ltd v Berrisford, that the parties’ arrangement was not a tenancy but a contractual licence and entitled the landlord to possession.