[2002] EWCA Civil 1850,19 December 2002. Appellant (A) had originally been a secure tenant of respondent's (S) predecessors in title. A possession order was made against A in late 1991 on the ground of unpaid rent arrears. By January 1996 A had paid off all of the arrears although he had twice breached the terms of the possession order which had been twice suspended. In1997 S purported to provide A with a new tenancy agreement, complaining later to A about his alleged breaches of this agreement. In November 2000 S served A with a notice to quit and a 'without prejudice' possession notice under the Housing Act 1985 s83. The former would be applicable if A were not a secure tenant; if he were a secure tenant a s83 notice would be necessary to terminate his tenancy. The district judge held that A did not hold a secure tenancy since his tenancy had determined on the breach of the 1991 order and not been revived thereafter. A appealed. "Held" appeal allowed. A remained as a 'tolerated trespasser' in possession after breach of the 1991 order, which ceased to have effect once the arrears of rent had been paid off in 1996. After this A's occupation of the property had to be referable to a newly-created secure tenancy. As the 1991 order could not be nor needed to be rescinded, A was entitled to security of tenure under the new secure tenancy.