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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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A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
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Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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