Starting on Monday

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 326, we are reliably informed that the case has settled and now won’t be dealt with.

So – having created the nonsense of tolerated trespassers in LB Brent v Burrows [1996] 1 WLR 1148, lets see if their Lordships can finally sort it out. Just in time for most tolerated trespassers to be abolished and have their tenncies restored by Sch. 11, Housing and Regeneration Act 2008.

About J

J is a barrister in London. He loves service charges and all things leasehold law related. He also likes beating rogue landlords and mortgage companies.
Posted in Housing law - All, secure-tenancy, Tolerated trespasser and tagged .


  1. On the contrary NL, I think the Lords have timed it perfectly! No pressure on them to figure out what Parliament wants now, since TTs are out (quite obviously)

    Harmony in motion….

  2. @Ethan: The post was actually by J ;-) But certainly any policy pressure to make changes has gone, I agree.

  3. @ Ethan – although, of course, it is entirely possible that the Government will leave tolerated trespassers in place for tenants whose properties were included in a stock transfer, as NL discussed in the previous post.

  4. Pingback: Tolerated Trespassers in House of Lords this week | News | Garden Court North - Garden Court North Barrister Chambers

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