||All England Reporter
|| All ER (D) 325 (Dec)
|| EWCA Civ 1850
||Court of Appeal, Civil Division
Schiemann, Jonathan Parker LJJ and Pumfrey J
||William Okoya (instructed by Stephen Taylor, Swindon) for the landlord.
||Robert Latham (instructed by Wood Awdry & Ford, Chippenham) for the tenant.
||19 December 2002
Landlord and tenant - Secure tenancy - Possession - Order for possession on ground of arrears of rent - Order for possession suspended - Terms of order breached - Arrears finally repaid - Tenant remaining in occupation - Status of tenant.
On the facts of the instant case, a tenant who had become a 'tolerated trespasser' by virtue of his having breached the terms of his tenancy agreement but remained in occupation, had obtained the benefit of a new tenancy because, viewed objectively, the conduct of both landlord and tenant had been only sensibly referable to the existence of a new tenancy.
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