“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”
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Zenith Chambers, 23rd April 2013
Source: www.zenithchambers.co.uk