Council Flat Tenancy of Tolerated Trespasser – Landmark Victory
The Supreme Court has ruled that, for the purposes of succession, a Council flat tenancy held by a tolerated trespasser can be revived.
The case involved a trespasser of a flat who was tolerated, not a tenant!
He had lost a secure tenancy when the Court granted a Possession Order against him. The Landlord Council, the London Borough of Southwark, argued there was no tenancy to which anyone could succeed.
However, the tolerated trespasser, unfortunately, was terminally ill. His brother moved into the Council flat to look after him.
The brother, Barry Austin, resisted attempts by the Council to evict him. He lost in the lower Courts and the Court of Appeal. However, the Court of Appeal ruled that where a former tenant died as a tolerated trespasser, the person seeking to succeed to the tenancy could apply to the County Court to postpone the date for possession.
If the application was successful, the tenancy could then be revived!
Of course, in practical terms, this is not the end of the matter but an unfortunate situation for Council Landlords and, nevertheless, remains a complex area of the law for tenants!
Last 5 posts by David Thomas
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