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Southwark v Austin: Request for information


We’ve been contacted by the solicitor for Mr Austin of Southwark v Austin. There is to be an application for permission to go to the House of Lords (or Supreme Court? depending on timing, I suppose). As part of this, they’re looking for indicators of the scale of the issue involved in the case.

So the request is:

Please would anyone who has, or has had, a possession case acting for an occupier who would have been a successor tenant if the deceased (ex) tenant had not been a tolerated trespasser at death, contact the solicitor for Mr Austin, Charlotte Collins at (and I gather, the sooner the better.)

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.


  1. Janette Canlin

    Dear Nearly Legal,

    I know it is some time since you asked for the above information. I don’t know if it is still useful to you or not as I gather permission may now have been granted for this to progress to the Supreme Court.

    In any event, I am a solicitor practising in Leeds. I have recently been approached by 2 brothers who would both have been eligible to succeed to the tenancy had their mother not been a tolerated trespasser.

    If you would like any further information please do not hesitate….



    • NL

      Thanks Janette.

      Austin has indeed got permission to go to the Supreme Court, no date set yet that I have heard about.

      I don’t know if the solicitor concerned is still looking for examples, but I have have passed your information along and thank you.


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