[2005] EWHC 451 (Admin), 31 January 2005. Considers whether there was a right to succeed to a new tenancy when the previous tenant who had breached a suspended possession order had remained in occupation as a tolerated trespasser. Appeal by (H), the two sons of the original tenant, against the respondent local authority's (N) possession order. The original tenant's widow who succeeded to the tenancy under the Housing Act 1985 s87 received a suspended possession order for rent arrears, which was subsequently paid off. She was reinstated to the original tenancy but the order did not cease whenever the arrears was paid off. N sought possession after the widow's death on the grounds that H could not succeed to the tenancy because their mother was herself a successor. The judge found that N had not created a new tenancy because the widow had occupied the property as a tolerated trespasser and continued in her original secure tenancy. "Held": appeal dismissed. N had allowed the widow to remain in occupation as a tolerated trespasser after she had breached the suspended possession order provided that she paid her rent satisfactorily afterwards. There had been no intention of creating a new tenancy and nothing to support the case that a new tenancy had arisen.