London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005

In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the suspension.
Held: A tolerated trespasser could not become a secure tenant by virtue only of having continued in occupation. It was vital to look at the actions of the parties to see whether they intended new contractual relations.
Arden LJ, Auld LJ, Sir Martin Nourse
[2005] EWCA Civ 1010, Times 22-Sep-2005, [2006] HLR 2
England and Wales
CitedThompson v Elmbridge Borough Council CA 1987
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order . .
CitedBurrows v Brent London Borough Council HL 31-Oct-1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority . .
CitedWorcestershire County Council v Tongue and others ChD 6-Aug-2003
The defendants had been convicted of offences involving mistreatment of animals, and debarred from having custody of animals. They were now in breach of that order, and the council sought a civil order allowing it access to their land to remove any . .
CitedStreet v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
CitedSwindon Borough Council v Aston CA 19-Dec-2002
The tenant had fallen into arrears, and a possession order had been made. Having cleared the arrears, the possession order fell, but the landlord purported to issue a new tenancy agreement, with no security of tenure. They now sought possession . .
CitedWilliam Watson Stirling v Leadenhall Residential 2 Ltd CA 29-Jun-2001
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a . .
CitedMarshall v Bradford Metropolitan District Council CA 27-Apr-2001
There were three issues; (1) whether it was proper for the judge to have struck out disrepair proceedings when it could be seen that an application to discharge or rescind a suspended possession order would be likely to succeed (2) whether the . .
CitedWestminster Borough Council v Basson CA 1990
The council sought possession of the premises. The defendant had been an unlawful occupier. He said that in the course of the proceedings, the Council had made reference to a tenancy and to the payment of rent and had issued a rent book.
Held: . .
CitedPemberton v Mayor and Burgesses of London Borough of Southwark CA 13-Apr-2000
A tenant had continued in occupation as a tolerated trespasser after a possession order. She made regular payments but failed to comply with the order setting terms for suspension. She sought damages from the landlord for nuisance for not dealing . .
CitedLondon Borough of Tower Hamlets v Ayinde CA 1994
The tenant had gone out of possession, moving permanently back to Nigeria and at the same time writing to the landlord to say that he and his family had moved and had agreed that the defendant (a cousin who had lived with him prior to his return to . .
CitedGreenwich London Borough Council v Regan CA 31-Jan-1996
The authority had taken possession proceedings against the secure tenant for non-payment of rent, and obtained an order, suspended on condition as to payments. He again fell into arrears, and the authority made a further agreement. They now sought . .
CitedRogers v Lambeth London Borough Council CA 10-Nov-1999
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a . .
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
CitedBrent London Borough Council v Knightly 1997
Where there is a joint tenancy which goes into ‘limbo’ and then one of the joint tenants dies, the surviving former joint tenant cannot apply for a revival of the joint-tenancy under section 85(4). All the deceased joint tenant had was a personal . .
CitedWilliams v Glasbrook Brothers Ltd CA 1947
It was not open to the Court of Appeal to review a previous decision of the same Court for conformity with an earlier decision of the House of Lords (Lord Greene MR). It was for the House of Lords to correct the previous Court of Appeal’s error, and . .

Cited by:
CitedBristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Updated: 24 January 2021; Ref: scu.229205