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08 May 2008 / Francis Davey
Issue: 7320 / Categories: Features , Local government , Property , Housing
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Righting a housing wrong

Are tolerated trespassers about to get back their homes? Francis Davey reports

As those involved in social housing will know, many former council tenants are, or risk becoming, “tolerated trespassers”— a highly unsatisfactory legal status created by the House of Lords in Burrows v Brent London Borough Council [1996] 4 All ER 577, [1996] 1 WLR 1448. The problem stems from the fact that once an order for possession takes effect, the tenancy ends and the former tenant will be a trespasser in their home. Particularly in the context of social housing, such “tenants” may be permitted to remain—either by order of the court or by the forbearance of their landlord—for considerable periods of time after that; in some cases many years.

The Problem

The consequences for a tolerated trespasser are serious. They have no right to bring a claim for disrepair (or any other breach of covenant) against their landlord. Where the tenancy came with rights of succession: those will be lost. A former secure tenant who has

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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