Musing over the Court of Appeal judgment ([2007] EWCA Civ 236) today, it struck me that the case does something rather dramatic to the issue of tolerated trespassers, extending the thrust of Swindon v Aston [2003] HLR 610. What we knew from Swindon v Aston...
Permanent trespassers and enforceable possession orders.
I was scanning the Court of Appeal judgments, waiting for White v Knowsley, when this came up: London & Quadrant Housing Trust v Ansell [2007] EWCA Civ 326 Now that is interesting. Not so much for the conclusion - although the argument is imaginative -...
Postponed assured trespassers verdict soon(ish).
Knowsley Housing Trust v White on suspended possession orders and assured tenants is being heard on 14 March 2007 in the Court of Appeal. I don't know when the judgement will be given.
Assured tenant or trespasser? The waiting begins.
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....
Postponing Possession. Are you now and have you always been a tenant?
So, tolerated trespassers, where were we? Ah yes. The Court has the power, under s.85(2) Housing Act 1985, to postpone the date of possession of an existing Suspended Possession Order for any period it sees fit even if the conditions of the SPO have been...
Tolerated trespassers: A Luta Continua
As previously pointed out, it was never going to be easy dealing with the great host of tolerated trespassers left in the wake of Harlow v Hall. But the variation in local authority policy in regard to their TTs is immense. Some authorities more or less...
Tolerated Trespassers – the aftermath
[Edit. As it turned out, this was part 1 of a continuing series. See the bottom of the post] Little of this is likely to come as a surprise to anyone involved in housing law, but the after effects of Harlow DC v Hall [2006] EWCA Civ 156 rumble on. It is...