The daughter of a deceased tenant claimed succession to her mother’s interest in a tenancy which was subject to a possession order.
Held: There can be no succession to a tolerated trespasser under a former secure tenancy.
Hirst LJ, Aldous LJ, sChiemann LJ
Times 26-Feb-1997,  EWCA Civ 917, (1997) 29 HLR 857
England and Wales
Cited – White v Knowsley Housing Trust and Another CA 2-May-2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured . .
Cited – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Overruled – 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 . .
These lists may be incomplete.
Updated: 25 February 2021; Ref: scu.78571