Skip to content

Non statutory guidance for landlords on tolerated trespassers

Related Links

Tell us if you want any of the documents on this page in an alternative format.
This guidance provides information that social landlords may wish to consider.

What is a tolerated trespasser?

A tolerated trespasser is an occupant of a rented property who has lost the status of a tenant after the court has granted the landlord a possession order and the date specified in the order for the tenant to give up possession has passed - but whom the landlord or the court is allowing to remain in the property.  This will usually be on terms such as payment of current rent and a weekly sum towards arrears of rent.  Even if the occupant complies with the terms, this may not alter the fact that he or she has become a tolerated trespasser.

Why has the Welsh Assembly issued guidance?

Part 1 of Schedule 11 of The Housing and Regeneration Act 2008 prevents the future creation of tolerated trespassers.  Part 2 of Schedule 11 includes provisions to end the status of existing tolerated trespassers and ensure that the terms of a tenancy apply.  The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (Wales) Order 2009 addresses the status of tolerated trespassers whose landlord has changed.

A recent House of Lords decision (Knowsley v White - December 2008) found that those with assured periodic tenancies (ie most Registered Social Landlords (RSLs) tenants) did not become tolerated trespassers.

About this guidance

This guidance provides information that social landlords may wish to consider.  

The guidance also provides advice about the effect of Knowsley V White on the provisions in Schedule 11 and the Order. The guidance is aimed primarily at local authority and RSL housing managers who currently deal with tolerated trespasser issues.