Tag Archive for 'revival of tenancy'

Fair limit on damages for ex-TTs?

By NL on 19/10/2010. 2 Comments

Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010

This case is reported in the October 2010 ‘Recent Developments’ in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act 2008 to have a period of tolerated trespasser-hood treated as a continuous tenancy with the replacement tenancy given on 20 May 2009 under the H&RA. This is for the purposes of a disrepair claim including a period prior to 20 May 2009.

Ms C had been a tolerated trespasser from about Feb 2001 following possession proceedings for rent arrears. In 2010, she brought a claim for disrepair and for … Read the full post

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

The quietus of the tolerated trespasser

By NL on 23/06/2010. 10 Comments

Austin v London Borough of Southwark [2010] UKSC 28

It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR 1425 and Burrows v Brent London Borough Council [1996] 1 WLR 1448. Further, it is, in many ways, an epitaph for the ‘anomalous’, ‘dubious’, ‘oxymoronic’ concept of the tolerated trespasser – and ‘all of this nonsense’ could have been avoided (quotes from Baroness Hale, on which more below). This is a judgment worth reading in … Read the full post

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

When does enforceability end?

By NL on 12/05/2008. 2 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?

Or, to be precise, when does a Suspended Possession Order for rent arrears cease to be enforceable? In broad terms, the answer is clear – … Read the full post

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

S.85 Application Randomness

By NL on 22/11/2007. 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?

We’ve been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that … Read the full post

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