Swindon BC v Aston
Mr Aston became a secure council tenant in 1987 but a possession order was made in 1991. That was suspended on condition that he pay his arrears and costs. The order stated that, once the debt was cleared, it would "cease to be enforceable". Mr Aston failed to comply and his tenancy was therefore lost.

However, he stayed in his home and in January 1996 cleared the arrears in full so the possession order became unenforceable. Later in 1996, all the council's tenants were notified of a rent rise and provided with new tenancy conditions. Mr Aston paid the new amount.

In 2000 the council decided to evict Mr Aston for not maintaining his garden. But was he a tenant? The court decided that after the order had become "unenforceable" and the council had supplied new tenancy conditions, there must have been a new secure tenancy agreement. That was confirmed by the attempt to enforce the tenancy conditions relating to the garden. Mr Aston had become a secure tenant again in 1996.

Source

Housing Today

Reference

The judges said that every case like this must be decided on its own facts. That makes it impossible for social landlords to be sure exactly when a "new tenancy" might arise after loss of an old one. manufactures t baseJones. Please call for prices. Linotype Neue Helvetica - the quintessential san serif for corporate design.