The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession.
Held: The use of the word ‘rent’ in a letter from Newham was insufficient to create a new tenancy. ‘the appellants cannot succeed unless they can show that at the date of her death Mrs Hawkins had been granted a tenancy in her own right by Newham. the rights of succession on which the appellants rely do not arise if Mrs Hawkins was then in occupation either as a tolerated trespasser or as a successor to the tenancy previously vested in Mr Hawkins. ‘ and ‘all that happened in the present case was that Newham, by accepting Mrs Hawkins’ continued occupation in the way it did, agreed to forbear from enforcing the possession order so long as Mrs Hawkins’ occupation was satisfactory to it and thereby precluded itself from objecting if she chose to apply to the court for a variation of the suspended possession order. There was no offer of new terms or demand for an increased rent which might have shown that the intention of the parties was to create a new tenancy.’ There was no basis for saying that a new tenancy had arisen.
Judges:
Auld, Arden LJJ, Bennett J
Citations:
[2005] EWHC 451 (Admin), [2005] EWCA Civ 451, Times 03-May-2005
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Burrows 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 . .
Cited – Marshall 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 . .
Cited – Rogers 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 . .
Cited – Street 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: . .
Cited – Thompson 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 . .
Cited – Swindon 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 . .
Lists of cited by and citing cases may be incomplete.
Housing, Housing
Updated: 30 June 2022; Ref: scu.224784