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 under the new tenancy agreement. The tenant appealed a finding that he no longer enjoyed the original secure tenancy.
Held: After the original breach, the tenant had continued in occupation as a tolerated trespasser. However the continued occupation could not be referred to the tolerance of his occupation, and had to be characterized as a tenancy. All the arrears had been paid off so the order ceased to be enforceable. The later tenancy agreement could not alter that situation.


Schiemann and Jonathan Parker LJJ, Pumfrey J


Gazette 23-Jan-2003, [2002] EWCA Civ 1850, [2003] HLR 610




Housing Act 1985 85


England and Wales


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 . .
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 . .
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 . .

Cited by:

CitedLondon Borough of Newham v Hawkins and others CA 22-Apr-2005
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 . .
CitedLondon 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 . .
CitedLondon and Quadrant Housing Trust v Ansell CA 19-Apr-2007
The landlord had obtained an order for possession based upon the secure tenant’s failure to pay rent. The order had been suspended. The tenant again fell into arrears, and the landlord chose to issue new proceedings rather than revive the old.
CitedKnowsley 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: . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 07 June 2022; Ref: scu.178849