Archive for the 'Tolerated trespasser' Category

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HLPA Conference

By J on 29/08/2009. 1 Comment

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009.

Highlights include:

(a) Richard Drabble QC giving the key note speech. Richard has had a very active year in the housing field having appeared in Manchester CC v Pinnock, R (Weaver) v L&Q, Hanoman v LB Southwark and Austin v LB Southwark;

(b) Jan Luba QC outlining the expected developments in housing law in 2010. Given that Jan’s work in Holmes-Moorhouse v LB Richmond, Austin v LB Southwark… Read the full post

Posted in Allocation, ASB, assured-tenancy, Community care, Homeless, Housing law - All, Introductory and Demoted tenancies, Mortgage possession, Nuisance, Possession, right-to-buy, secure-tenancy, Succession and Tolerated trespasser.

Austin to the Lords

By NL on 26/06/2009. 1 Comment

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be).

It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not caught by the Housing and Regeneration Act. So one to watch out for.… Read the full post

Posted in Housing law - All, secure-tenancy, Succession and Tolerated trespasser. Tags: , .

Tolerated Trespasser day

By NL on 20/05/2009. 0 Comments

It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261

Also in force today – The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009. SI 2009/1262

So, replacement tenancies all round, then.

[edit - now Read the full post

Posted in FLW article, Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , .

More on tolerated trespassers

By J on 19/05/2009. 31 Comments

Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008.

Firstly, the successor landlord order has not changed from the draft, which can be found here. The final order will be online shortly – we hope!

Secondly, the Government will be publishing some guidance and other information here, at some stage on Wednesday.

Thirdly, the reforms will come into force in both England and Wales.

Finally- and as trailed yesterday – the Government will not be bringing paragraphs 3(3), 8(3) and … Read the full post

Posted in Housing law - All, secure-tenancy and Tolerated trespasser. Tags: , , .

And now, the end is near

By NL on 18/05/2009. 0 Comments

Table of contents for Tolerated Trespassers

  1. Tolerated Trespassers – the aftermath
  2. Tolerated trespassers: A Luta Continua
  3. Postponing Possession. Are you now and have you always been a tenant?
  4. Assured trespassers?
  5. Assured tenant or trespasser? The waiting begins.
  6. Postponed assured trespassers verdict soon(ish).
  7. Permanent trespassers and enforceable possession orders.
  8. More on London & Quadrant v Ansell
  9. White v Knowsley – Court of Appeal Judgment
  10. Reincarnation of Tenancy?
  11. S.85 Application Randomness
  12. Permanent trespassers – a fan letter
  13. Payne-less
  14. Post mortem revival of tenancy
  15. When does enforceability end?

With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the … Read the full post

Posted in Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

The importance of not being earnest

By NL on 06/05/2009. 0 Comments

Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is also a story which may (see, that’s how you do it) have ramifications for Croydon Council’s tolerated trespassers.

Croydon v Kamal, 6CR24634, Croydon County Court 6 May 2009 was an application for stay of eviction on a breached suspended possession order made in 2006. Mr Kamal, via South West London Law Centres, made a rather unusual submission.

On 23 March Croydon had written to him. … Read the full post

Posted in FLW case note, Housing law - All, Possession, secure-tenancy and Tolerated trespasser. Tags: , , , .

Southwark v Austin: Request for information

By NL on 30/03/2009. 0 Comments

We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they’re looking for indicators of the scale of the issue involved in the case.

So the request is:

Please would anyone who has, or has had, a possession case acting for an occupier who would have been a successor tenant if the deceased (ex) tenant had not been a tolerated trespasser at death, contact the solicitor for Mr Austin, Charlotte Collins at charlotte.collins@anthonygold.co.uk (and I gather, the sooner the … Read the full post

Posted in Housing law - All, secure-tenancy, Succession and Tolerated trespasser. Tags: , , , .
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