News just in – the government has announced that the date for the implementation of s.299 H&R Act 2008 – which brings in ‘replacement’ tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to ‘early May’. This is apparently so that the Order on successor landlords can be scrutinised by Parliament and come into force at the same time. More detail on the successor landlords order and implementation dates to follow as and when.… Read the full post
Tag Archive for 'Tolerated trespasser'
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The mopping up of the tail end of tolerated trespasser cases continues.
Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier.
The issue at stake was whether Mr Austin would have a right to apply under s.85 HA 1985 to vary the possession order made against his late brother Alan in 1987, so as to revive the tenancy, by way of application to the Court under CPR 19.8 to represent his late brother’s estate in the possession proceedings.
If the possession order were varied, Mr Austin would succeed to his late brother’s … Read the full post
Table of contents for Tolerated Trespassers
- Tolerated Trespassers – the aftermath
- Tolerated trespassers: A Luta Continua
- Postponing Possession. Are you now and have you always been a tenant?
- Assured trespassers?
- Assured tenant or trespasser? The waiting begins.
- Postponed assured trespassers verdict soon(ish).
- Permanent trespassers and enforceable possession orders.
- More on London & Quadrant v Ansell
- White v Knowsley – Court of Appeal Judgment
- Reincarnation of Tenancy?
- S.85 Application Randomness
- Permanent trespassers – a fan letter
- Payne-less
- Post mortem revival of tenancy
- When does enforceability end?
Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 - for anyone who hasn’t read it … Read the full post
Table of contents for Tolerated Trespassers
- Tolerated Trespassers – the aftermath
- Tolerated trespassers: A Luta Continua
- Postponing Possession. Are you now and have you always been a tenant?
- Assured trespassers?
- Assured tenant or trespasser? The waiting begins.
- Postponed assured trespassers verdict soon(ish).
- Permanent trespassers and enforceable possession orders.
- More on London & Quadrant v Ansell
- White v Knowsley – Court of Appeal Judgment
- Reincarnation of Tenancy?
- S.85 Application Randomness
- Permanent trespassers – a fan letter
- Payne-less
- Post mortem revival of tenancy
- When does enforceability end?
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about … Read the full post
So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant housing related judgments of recent times on the tolerated trespassers cases, as we noted a couple of posts ago.
Thusly tomorrow may prove to be a test of both my mobile blogging kit and instant judgment digestion abilities. But should either fail – and given that this will be a day rammed to the gunwales with housing law goodness in any event – you may have to wait till … Read the full post
The House of Lords will give judgment in Knowsley v White; Islington v Honeygan-Green and Porter v Shepherds Bush HA (the tolerated trespasser trilogy) at 9.45am on Wednesday (links to a .pdf).… Read the full post
A big week for housing law next week. The House of Lords is hearing Knowsley Housing Trust v White [2007] EWCA Civ 404 (tolerated trespassers and assured tenancies in the context of a preserved Right to Buy) Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 (do assured tenancies give rise to tolerated trespassers at all) and Honeygan-Green v LB Islington [2008] EWCA Civ 363 (the revival of the Right to Buy with the revivial of a secure tenancy and the relevance of previous steps in the RTB process).
However, despite granting permission to appeal in the case of London & Quadrant Housing Trust v Ansel [2007] EWCA Civ … Read the full post
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