Tolerated Trespassers and Assured Tenants: Clarification form the Court of Appeal
Introduction
Since the 2006 decisions given in Harlow v Hall and the subsequent Bristol v Hassan cases, there has been some confusion in the Courts and amongst social landlords as to whether assured tenants (as distinct from secure tenants) who are subject to the standard form suspended possession orders become tolerated trespassers after the date of possession given in the order.
Although the Lord Justices hearing the appeal appeared to have had differing reasons for reaching their decision, the Court of Appeal has today confirmed in the case of White v Knowsley Housing Trust that assured tenants who remain in occupation after the date of possession set out in a possession order are indeed tolerated trespassers.
Postponed possession orders, which are already in use in cases involving secure tenants, will now be used in cases involving assured tenants. The Court of Appeal has recommended that Section IV of the CPR Part 55 Practice Direction be amended urgently to include reference to assured tenancies.
Ashfords is regulated by the Solicitors Regulation Authority. The information in this article is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.
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