Podcast Location:
Download it here [file size: 25.1 MB]
Categories:
Real Estate & Property Law
Local Government
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to inform the listener of the current state of the law regarding tolerated trespassers. It teaches the listener how the law reached this difficult position, and engages the listener in analysing the problems with the law. It also aims to inform the listener of how to deal with these issues when faced by them as a practitioner

Outcomes:
After completing the course you will:
  • Be aware of the background which led to the House of Lords decision in Knowsley Housing Trust v White;
  • Understand the impact of the Knowsley Housing Trust v White decision on the law in this area;
  • Know how the Housing and Regeneration Act 2008 will affect the law regarding "tolerated trespassers";
  • Understand how best to deal with issues regarding tolerated trespassers when faced with them as a practitioner.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Housing and Regeneration Act 2008;
  • Housing Act 1980;
  • Housing Act 1985;
  • Housing Act 1988;
  • Rent Act 1977;
  • Defective Premises Act 1972;
  • Family Law Act 1996 ;
  • Knowsley Housing Trust v White; Honeygan-Green v Islington London Borough Council; Porter v Shepherds Bush Housing Association [2008] UKHL 70;
  • Burrows v Brent London Borough Council [1996] 4 All ER 577;
  • Thompson v Elmbridge Borough Council [1987] 1 WLR 1425;
  • Harlow District Council v Hall [2006] EWCA Civ 156;
  • Artesian Residential Investments Ltd v Beck [2000] QB 541;
  • Marshall v Bradford Metropolitan DC [2001] EWCA Civ 594;
  • Swindon Borough Council v Aston [2002] EWCA Civ 1850;
  • Winchester Court Ltd v Miller [1944] KB 734;
  • Baker v Turner [1950] AC 401;
  • Greenwich London Borough Council v Regan (1996) 72 P & CR 507;
  • Lambeth London Borough Council v O'Kane [2005] EWCA Civ 1010;
  • Pemberton v Southwark London BC [2000] 3 All ER 924;
  • Brikom Investments Ltd v Seaford [1981] 2 All ER 783;
  • Bristol City Council v Hassan [2006] EWCA Civ 656.

This podcast examines the impact of the House of Lords decision in Knowsley Housing Trust v White, and the consequent new Housing and Regeneration Act 2008. It traces the history of the concept of a "tolerated trespasser" and analyses the problems with it. Further, it pinpoints exactly where the law now stands, and examines what future changes will be made to the law in this area.

Podcast added: 13/03/09

CURRENCY WARNING: Section 299 Housing and Regeneration Act 2008 was brought into force by The Housing and Regeneration Act 2008 (Commencement No.5) Order 2009/1261 on 20th May 2009

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