The court considered the right to succeed to a secure tenancy which has terminated during the lifetime of the tenant as a result of a possession order, but with the former tenant remaining in possession as ‘a tolerated trespasser’, and having a right to apply for the revival of his tenancy under s 85 of the Housing Act 1985.
Pill, Arden, Longmore LJJ
[2009] EWCA Civ 66, [2009] 25 EG 138, [2009] 8 EG 114, [2010] HLR 1
Bailii
Housing Act 1985 85
England and Wales
Citing:
See Also – Austin v Southwark London Borough Council (499) QBD 29-Jan-2008
. .
Appeal from – Austin v Southwark London Borough Council (355) QBD 29-Jan-2008
. .
Cited by:
Appeal from – Austin v Mayor and Burgesses of The London Borough of Southwark SC 23-Jun-2010
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live . .
Lists of cited by and citing cases may be incomplete.
Housing, Landlord and Tenant
Updated: 31 October 2021; Ref: scu.286146