Articles tagged Tolerated trespasser
R (Neville) v London Borough of Wandsworth  EWHC 2405 (Admin) [not on Bailii yet]
This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession.
Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended [...]
London Borough of Lewisham -v- Litchmore. 2 October 2009, Bromley County Court
Since the beginning of replacement tenancies on May 2009, there have, rather surprisingly, not been any reports on cases involving the Housing and Regeneration Act 2008 Schedule 11 s.21 – when the new tenancy and the original tenancy are to be treated as the [...]
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 Housing [...]
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) [...]
The mopping up of the tail end of tolerated trespasser cases continues.
Barry Austin v LB Southwark  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 1985 to [...]
Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association  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 substantial [...]
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association  [...]
Jones v London Borough of Merton  EWCA Civ 660 addresses whether a tolerated trespasser’s liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left.
Ordinary trespassers are only liable for mesne profits for the period of actual occupation of a property. Merton submitted that [...]
This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in Legal Action, so I went to have a look.
Austin v London Borough of Southwark  EWHC 355 (QB) concerned an attempt to revive a tenancy after the death of the [...]
Porter v Shepherds Bush Housing Association  EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of tenancy where all the arrears were paid off on a breached suspended possession order.
The Court of Appeal was presented with the opportunity to follow its own 1958 decision of Payne [...]