Litigation Letter
Tolerated trespassers are no more
Following the implementation of Sched 11 to the Housing & Regeneration Act 2008 from 20 May 2009, the concept of tolerated
trespassers has been abolished. The oxymoron is no more. Tolerated trespassers existing on 20 May became new tenants provided
they met certain conditions. The home must have been the individual’s only or principal home throughout the termination period,
the former landlord must have been entitled to let the house and not have entered into another tenancy.