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We've been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the...
This is more of a question than a post, a question on a problem that I think I understand, but that I hope has a better conclusion than the one I've got to. The issue is when can a new tenancy be effectively said to have arisen after a Suspended Possession...
I meant to post about this one a month ago but got sidetracked. A case for any civil legal aid people to note. Funding Certificates are means-tested. Funding issued by practioners under devloved powers can be and is yanked by the Legal Services Commission if...
I'm drafting an application and order for the variation of a suspended possession order and revival of secure tenancy under s.85 Housing Act. If the application is successful, the resulting order will immediately cease to have effect because someone else...
Given today and no surprises. The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession orders and that s.9 Housing Act 1989 and s.82 Housing Act 1985 have the same effect despite the difference...
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...
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 -...
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.
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....
[Amended 21 October] After a comment from Olamide Sanni, and a significant number of visitors from housing associations/social landlords turning up in my logs, it is clear that there is a big grey area for tolerated trespassers and the effect of Bristol CC....
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...
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...