Section: Security of Tenure
Case law Update
The claimant, a social landlord, was granted a Suspended Possession Order for rent arrears against a secure tenant. The Order was in the pre-October 2001 variant of form N28, and provided that the Order would cease to be enforceable once the arrears and costs were paid.
The Order was not strictly complied with and the tenancy was terminated. The former tenant became a tolerated trespasser, remained in possession and in due course she cleared all the arrears and costs.
Following complaints of nuisance, the claimant brought a fresh claim for possession on the basis that the tolerated trespasser had no right to remain and that it was automatically entitled to an Order.
The Court of Appeal upheld a Possession Order, and ruled that the previous Order had been rendered unenforceable and new proceedings were the only way in which the claimant could gain possession.
The Court, however, expressed unease at the outcome and doubted it was the result Parliament intended.
London & Quadrant HT v Ansell [2007] EWCA Civ 326, 19 April 2007
The trustees of a Trust that was established for the benefit of a person with mental health problems bought a flat for her to occupy.
They allowed Miss Vesely to live in the flat with the disabled person. This was on the basis of a shared contribution to household expenses with the disabled person. They did this because the companionship and care Miss Vesely brought led to an improvement in the disabled person's condition.
Miss Vesely had exclusive occupation of several rooms in the flat. She subsequently made a claim that the arrangement amounted to a tenancy in her favour.
That claim was rejected by the judge and by the Court of Appeal. It held that although there had been exclusive possession of some rooms, and that a tenancy may arise even without payment of rent, the very special circumstances of this case cancelled out the normal inference of a tenancy from the grant of exclusive possession.
Vesely v Levy [2007] EWCA Civ 367, 27 April 2007
© Copyright 1996 - 2008 UK Housing Ltd. Housing Monthly Diary
Issue: May 2007 Reporting on March-April 2007
- Homelessness & Asylum Seekers
- Housing & Estate Management
- Housing Benefit & Council Tax
- Leaseholders' Rights
- Private Sector
- Repairs & Improvements
- Right to Buy
- Security of Tenure
- Social Landlords
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