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Assured tenancies

This page contains information on the following matters.
  • Acceptance of rent after an order for possession - Leadenhall Residential 2 Ltd v Stirling
  • Meaning of "dwelling" - Uratemp Ventures v Collins
  • False statements and Ground 5 - London Borough of Merton v Richards
  • Housing benefit and the landlord's interest - Godwin v Rossendale BC
  • Increases in rent - s13 - Contour Homes Ltd v Rowen - Goolamy
  • Increases in rent - effect on status of assured tenancy
  • Meaning of "only or principal home" - Sumeghovo v McMahon
  • Rent claims and Ground 8 - Coltrane v Day North British Housing Association Ltd v Matthews
  • Rent threshold increase from 1 October 2010.
  • Use of Ground 8 by RSL's - Weaver
  • Section 8 notices - Knowsley Housing Trust
  • Succession - Civil Partnership Act

Acceptance of rent after order for possession

Leadenhall Residential 2 Ltd v Stirling
[2001] EWCA Civ 1011

In this case it was held that a landlord who had accepted rent from an assured tenant after the order for possession, pursuant to an agreement not to enforce the order if a certain sum was paid each week off the arrears plus the current rent, did not create a new tenancy. This only occurred when the landlord increased the monthly rent payable.

Comment: This decision is reinforced by the HL decision in Knowsley Housing Trust v White where it was held that the assured tenancy does not come to an end until the tenant has actually been evicted pursuant to the court order.


Date of termination

Where an order for possession is made in respect of an assured tenancy, the tenancy comes into an end on the date execution of the order. For full details see the note on Knowsley Housing Trust v White on the page dealing with tolerated trespassers.


"Dwelling"

Uratemp Ventures Ltd v Collins
[2001] UKHL 43

... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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