Judgments - Burton v. Mayor etc. of The London Borough of Camden

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It is, to say the least, an open question whether, if the Deed of Release is ineffective to assign the tenancy, its invalidity as against the Council is something on which Miss Burton can rely as against Miss Hannawin. We have heard no argument on the point, but it is difficult to believe that Miss Hannawin could invoke section 91(1) to insist on resuming possession against Miss Burton's wishes; or that even if she did not do so Miss Burton could call upon her for her share of the rent. I think that the real question has not yet been addressed in these proceedings. Miss Burton was always jointly and severally liable for the whole of the rent. The question is: what is the extent of her entitlement to housing benefit now that she is without recourse to Miss Hannawin?


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