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 tolerated trespasser. That status might be compromised as against the landlord where he requested a sum which was, in effect, a rent increase. That request was incompatible with the terms of the court order granting him possession, and created a new tenancy.
Judges:
Judge LJ, Latham LJ, Lloyd J
Citations:
Times 25-Jul-2001, Gazette 13-Sep-2001, [2001] EWCA Civ 1011, [2002] I WLR 499, [2001] 3 All ER 645, [2002] L and TR 14
Links:
Jurisdiction:
England and Wales
Citing:
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 – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Updated: 20 May 2022; Ref: scu.89565