Tag Archive for 'Tolerated trespasser'

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Transferred Trespassers

By NL on 01/10/2008. 0 Comments

As it stands, Schedule 11 of the Housing and Regeneration Act will end the existence of tolerated trespassers who meet these conditions:

(i) the home condition is met (ie that the dwelling house remains the ex-tenant’s
only or principal home).
(ii) the ex-landlord is entitled to let the dwelling-house, and
(iii) the ex-landlord and the ex-tenant have not entered into another tenancy after
the date on which the original tenancy ended but before the commencement
date.

This will cover virtually all tolerated trespassers whose landlord has remained the same. They will get a ‘replacement’ tenancy. But what of those where there was a stock transfer, or one RSL was taken … Read the full post

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

Housing and Regeneration Bill

By NL on 23/07/2008. 8 Comments

The Housing and Regeneration Act has now received royal assent.

A full history of its passage through Parliament is here.

24/7 – the full text of the act is now up on the OPSI site [pdf]… Read the full post

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

Liability for mesne profits

By NL on 16/06/2008. 0 Comments

Jones v London Borough of Merton [2008] EWCA Civ 660 addresses whether a tolerated trespasser’s liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left.

Ordinary trespassers are only liable for mesne profits for the period of actual occupation of a property. Merton submitted that tolerated trespassers were in a different position. Public policy required that housing authorities be notified as soon as possible that occupation was at an end to enable re-letting. There was a direct analogy with the requirement that a secure tenant end the tenancy by notice to quit under s.5 Protection from Eviction Act 1977 … Read the full post

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

Notes for later

By NL on 16/06/2008. 0 Comments

As ever, housing cases come in a flood after a drought.

Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property.

Hanoman v London Borough of Southwark [2008] EWCA Civ 624 on when housing benefit counts as rent under RTB rules.

And C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) on housing duties under the Children Act.

I’ll get to as many of them as I can tonight and the rest tomorrow.… Read the full post

Posted in Community care, Housing law - All, right-to-buy 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: , , , .

Hey, you asked 2

By NL on 13/04/2008. 0 Comments

More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice.

what does mandatory possession mean

It means that if the ground is successfully made out, the court has no option but to grant an outright possession order, no matter what the circumstances.

possible defences for a tenant of rent arrears the mandatory ground housing law

Presumably ground 8. There aren’t many defences. The list is:

  • technical defences (Notice not served or technically inadequate, claim doesn’t contain required details

    • … Read the full post

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

Post mortem revival of tenancy

By NL on 06/04/2008. 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?

This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in … Read the full post

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