Housing
Tolerated Trespassers: Successor Landlord Cases - a consultation paper

Tolerated Trespassers: Successor Landlord Cases - a consultation paper

Published 25 September 2008
Closing date 19 December 2008
Type(s) Consultation documents, Impact assessments
Site Housing
Product code 08SHM05512
ISBN 9781409805151
Price Free

Summary

Many thousands of tenants of local authorities and Registered Social Landlords have become "tolerated trespassers", seriously affecting their rights and causing practical difficulties for their landlords. The Housing and Regeneration Act 2008 (the 2008 Act) contains provisions which, on commencement, will ensure that no tolerated trespassers are created in future. The provisions will also resolve the problem for the vast majority of existing tolerated trespassers.  

However, there is one group of existing tolerated trespassers which is not covered by the provisions in the 2008 Act. While the provisions cover all situations in which the tolerated trespasser's landlord remains the same, they do not apply where ownership of the property has passed to a new landlord, so-called "successor landlord cases". However, the 2008 Act gives the Government the power to extend the provisions for existing tolerated trespassers to successor landlord cases. This consultation paper - which is issued on behalf of Communities and Local Government and the Welsh Assembly - considers options for using this power.  

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