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
- Post mortem revival of tenancy
- When does enforceability end?
On the vexed question of whether a breach of an old style Suspended Possession Order ended an assured tenancy and left a tolerated trespasser, we now have two first level decisions: Stan v Stadium HA at Willesden CC and Knowsley HT v White at Liverpool CC. There are no full reports yet that I’ve seen, but there are mentions here (pdf) and here amongst others. Helpfully, the decisions appear to be complete opposites, Stan says tenancy continues on breach (presumably to eviction) and Knowsley apparently says tenancy ends on breach.
Knowsley v White is apparently heading to the Court of Appeal, which should settle matters. I only hope the Court takes the opportunity to clarify whether assured tenants also fell victim to the Harlow v Hall N28 effect, regardless of breach. If the judgement sets out that the tenancy ends on the date of possession, then there will be many ‘innocent’ ex-assured tolerated trespassers as well as ex-secure ones.