Your location: Campaign strengthens tenants' rights
12 May 2008
After pressure on MPs from Shelter, at least 250,000 people who rent their homes will have their tenancy rights reinstated.
The Government's Housing and Regeneration Bill, which is currently making its way through Parliament thanks to Shelter's lobbying efforts, will abolish the concept of 'tolerated trespassing'.
Tolerated trespassers
For years, thousands of people have suffered from being legally defined as 'tolerated trespassers' in their own home. This situation arises when a tenant gets a 'suspended possession order' served against them, usually when they are unable to pay the rent.
Under the terms of a suspended possession order, the tenant is allowed to stay in their home while they pay back the rent arrears to the landlord in instalments.
But sometimes the tenant will break the terms of a suspended possession order through no fault of their own - because Housing Benefit doesn't come through in time, for example.
Then they officially become a tolerated trespasser, forfeiting their tenant's rights even if they continue to pay rent on time to the landlord for years to come. This is a potentially dangerous position to be in, as they are unable to insist on essential repairs and safety checks.
Shelter chief executive Adam Sampson said; 'This change means that rather than tenants being left in limbo for years, the rights and responsibilities of both landlords and tenants will be restored.'
Abolishing ‘tolerated trespassing’ will help ensure that thousands of vulnerable tenants, who are struggling to meet rent payments or repayment instalments, will continue to be protected by the law and not forced to live in appalling unfit conditions or under the constant stress of uncertainty.
