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01 January 2009
Issue: 7350+7351 / Categories: Features , Property , Housing
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Law digest: Landlord & tenant

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Knowsley Housing Trust v White [2008] UKHL 70, [2008] All ER (D) 115 (Dec)

Under the Housing Act 1988, an assured tenancy subject to a possession order ends only when the order is executed. Where a tenant does not comply with the terms of a suspended possession order

but makes late full payment, he is not prevented by s 85 of the Housing Act 1985 (HA 1985) from returning to the court for a variation. A secure tenant’s right to rely on a notice exercising his right to buy is not removed, but merely suspended, by s 121 of HA 1985 when a possession order is made; his right is reinstated when the order is discharged and the tenancy revived.

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