What is a tolerated trespasser? -- How are tolerated trespassers created? -- Problems created by tolerated trespasser status -- What happens when a tolerated trespasser's landlord changes? -- The tolerated trespassers provisions in the Housing and Regeneration Act 2008 -- The Housing and Regeneration Act 2008 and successor landlord cases -- Why are transferring tolerated trespassers not covered by the Schedule 11 provisions? -- If an order is made, what type of tenancy should be granted to tolerated trespassers whose landlord has changed? -- Private landlords -- Applying the provisions

Discusses how many tenants of local authorities and Registered Social Landlords have become tolerated trespassers, affecting their rights and causing difficulties for their landlords. The Housing and Regeneration Act 2008 contains provisions that will prevent tolerated trespassers from being created in future and will solve many of the problems facing current tolerated trespassers. The new act does not apply when tolerated trespassers pass between landlords in successor landlord cases and this consultation paper asks for opinions or whether or not the provisions should be extended to allow for the legislation to cover these cases. All responses must be received by 19 December 2008.