Lambeth v O'Kane and Helena Housing v Pinder
Lambeth v O'Kane and Helena Housing v Pinder
- 2005
[2005] EWCA Civ 1010, 29 July 2005. Two appeals from CC decisions, related to the rights of occupiers following their failure to comply with the terms of suspended possession orders. The occupiers had secure tenancies under the Housing Act 1985. K had fallen into rent arrears and L had obtained a possession order. This order was suspended by the court pending K repaying the rent owed. This was breached by K, and the tenancy was brought to an end under the 1985 Act. Following L's application for a possession order, this too was suspended with the amount of back rent payable by the tenant set at £2.60 per week which K paid. K argued that there was a continued relationship between themselves and their landlord, because L sent rent letters. "Held:" a landlord cannot waive breaches of an order to reinstate an original tenancy; and special circumstances are required before a new tenancy can be arranged between a tolerated trespasser who has remained in possession and former landlord. The same conclusion was reached in the co-joined case of "Helena Housing v Pinder".
HOUSING ACT 1985
[2005] EWCA Civ 1010, 29 July 2005. Two appeals from CC decisions, related to the rights of occupiers following their failure to comply with the terms of suspended possession orders. The occupiers had secure tenancies under the Housing Act 1985. K had fallen into rent arrears and L had obtained a possession order. This order was suspended by the court pending K repaying the rent owed. This was breached by K, and the tenancy was brought to an end under the 1985 Act. Following L's application for a possession order, this too was suspended with the amount of back rent payable by the tenant set at £2.60 per week which K paid. K argued that there was a continued relationship between themselves and their landlord, because L sent rent letters. "Held:" a landlord cannot waive breaches of an order to reinstate an original tenancy; and special circumstances are required before a new tenancy can be arranged between a tolerated trespasser who has remained in possession and former landlord. The same conclusion was reached in the co-joined case of "Helena Housing v Pinder".
HOUSING ACT 1985