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 in wording. So, any assured tenant in breach of an old […]
Category Archives: Tolerated trespasser
All tolerated trespasser related posts – mainly of historic interest
More on London & Quadrant v Ansell
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 was that a tolerated trespasser could not apply to the […]
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 – but for unappealed County Court findings and obiter by the […]
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. There are no full reports yet that I’ve seen, […]
Assured trespassers?
[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. What of assured tenants, many of whom will have received a suspended […]
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 breached. If the terms of the SPO are complied with, […]
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 continue as if the tenancy still existed. Other authorities […]
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 worth examining not […]
