The end of the tolerated trespasser?
18/05/2009
James Stark reports back with news on the introduction of Schedule 11 of the Housing and Regeneration Act 2008, which could spell out the end of the tolerated trespasser.
On behalf of the North West Housing law Practitioners Group (NWHLPG), James Stark has been in correspondence with the DCLG regarding some concerns the NWHLPG had over the implementation of Sch 11, which were:
- The amendments to Section 9(4) and 85(4) should not be brought into force as they would have the effect of abolishing propleptic discharge - the DCLG has advised that the Government agrees and they will not be brought into force.
- That the effect of the successor landlord provisions leaves ex TTs without their preserved RTB unless the possession order is discharged. The Government accepts that with S171A drafted as it is - that this is correct and they are looking for a legislative and practical solution to this.
The DCLG also confirmed in correspondence that the affirmative SI was to go before the Lords today (18th May 2009) and they plan to bring the provisions into force on Wednesday (20th May 2009).
Quick links
> May 2009 GCN Housing Bulletin - Tolerated Trespassers Goodbye and Good Riddance!
> 18/5/09 Nearlylegal blog on this news "And now, the end is near"
> 11/12/08 House of Lords resolve tolerated trespassers issue
