The quietus of the tolerated trespasser

Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of Thompson v Elmbridge Borough Council [1987] 1 WLR […]

Austin to the Lords

Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be). It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as the situation in Austin was not […]

Tolerated Trespasser day

It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008 (Commencement No. 5) Order 2009. SI 2009/1261 Also in force today – The […]

More on tolerated trespassers

Following on from our post yesterday (and from a personal conversation with Robert Latham of Doughty Street Chambers) we can shed a bit more light on the forthcoming commencement of Sch 11, Housing and Regeneration Act 2008. Firstly, the successor landlord order has not changed from the draft, which can be found here. The final […]

And now, the end is near

With grateful thanks to James Stark of Garden Court North and North West Housing Law Practitioners Group, we can pass on some news on the introduction of Schedule 11 Housing & Regeneration Act 2008 and the end of the tolerated trespasser. The SI should be before the Lords today and the amended Sch 11 provisions […]

The importance of not being earnest

Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is also a story which may (see, that’s how you do it) […]

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 end of tolerated trespassers delayed a bit.

News just in – the government has announced that the date for the implementation of s.299 H&R Act 2008 – which brings in ‘replacement’ tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to ‘early May’. This is apparently so that the Order on successor landlords can be […]

Dead and gone

The mopping up of the tail end of tolerated trespasser cases continues. Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier. The issue at stake was whether Mr Austin would have a right to apply under s.85 HA […]

Knowsley v White etc. in more detail

Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 –  for anyone who hasn’t read it yet. There is lots to unpick here, so I’ll go case by case. It is made easier by there being pretty much one judgment, that of Lord Neuberger. The other […]