Comments on: Assured trespassers? http://nearlylegal.co.uk/blog/2006/10/assured-trespassers/ The Joy of Housing Law Thu, 28 Aug 2008 19:03:22 +0000 http://wordpress.org/?v=2.6 By: contact http://nearlylegal.co.uk/blog/2006/10/assured-trespassers/#comment-2823 contact Thu, 15 Mar 2007 19:40:52 +0000 http://nearlylegal.co.uk/blog/archives/77#comment-2823 Thanks for the reminder. I'd picked this up. See <a href="http://nearlylegal.co.uk/blog/archives/162" rel="nofollow">this post</a>. Commentary as and when the judgement is handed down... Thanks for the reminder. I’d picked this up. See this post. Commentary as and when the judgement is handed down…

]]> By: Olamide Sanni http://nearlylegal.co.uk/blog/2006/10/assured-trespassers/#comment-2818 Olamide Sanni Thu, 15 Mar 2007 11:52:31 +0000 http://nearlylegal.co.uk/blog/archives/77#comment-2818 Whilst on the subject of whether the concept of "tolerated trespasser" applies to the assured tenancy regime,the case of Knowsley Housing Trust v Julie White will be heard in the Court of Appeal on 14th and 15th March 2007. I trust you will provide an interesting update. I look forward to it!! Whilst on the subject of whether the concept of “tolerated trespasser” applies to the assured tenancy regime,the case of Knowsley Housing Trust v Julie White will be heard in the Court of Appeal on 14th and 15th March 2007.

I trust you will provide an interesting update. I look forward to it!!

]]> By: contact http://nearlylegal.co.uk/blog/2006/10/assured-trespassers/#comment-380 contact Thu, 26 Oct 2006 18:31:08 +0000 http://nearlylegal.co.uk/blog/archives/77#comment-380 Thanks The big question is whether there are now (ex)assured tenants who are now 'innocent' tolerated trespassers, post Harlow v Hall, in the same way as thousands of secure tenants. Given the effects on repairing covenants and any other covenants in the tenancy agreement, this is a serious issue. It will surely be tested before long. Thanks

The big question is whether there are now (ex)assured tenants who are now ‘innocent’ tolerated trespassers, post Harlow v Hall, in the same way as thousands of secure tenants. Given the effects on repairing covenants and any other covenants in the tenancy agreement, this is a serious issue. It will surely be tested before long.

]]> By: olamide sanni http://nearlylegal.co.uk/blog/2006/10/assured-trespassers/#comment-378 olamide sanni Thu, 26 Oct 2006 15:39:13 +0000 http://nearlylegal.co.uk/blog/archives/77#comment-378 Thank you for shedding some light on this. I quite agree with your suggestion that in the absence of specific guidance on this, the situation for assured tenants(save claims brought under mandatory grounds) is best treated as secure tenants. In light of the unfettered discretion accorded to the courts, it is definitely a matter for the Judge when deciding whether to use the old form N28 or the new form N28A depending on the intended effects of the order. Thank you for shedding some light on this. I quite agree with your suggestion that in the absence of specific guidance on this, the situation for assured tenants(save claims brought under mandatory grounds) is best treated as secure tenants. In light of the unfettered discretion accorded to the courts, it is definitely a matter for the Judge when deciding whether to use the old form N28 or the new form N28A depending on the intended effects of the order.

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