Burrows v Brent London Borough Council [1996]

The House of Lords allowed an appeal against a decision that a tenant had been granted a new tenancy due to coming to an agreement with the landlord council following the granting of a possession order against a tenant. There was no new tenancy, so the possession order could be executed over two years after it was obtained. The former tenants were trespassers. In August 1984, Brent LBC granted a joint tenancy of a flat to a couple. This was a secure tenancy. The couple moved into the property with their six children. In January 1986, the husband left and the wife remained in the flat with the children but had difficulty paying the rent. In January 1992, the council obtained a final order for possession for non-payment of rent and an order for payment of the arrears of over £2, 400. The order meant that the joint tenancy would end in February 1992, but the wife was unable to satisfy the order for the arrears. However, before the expiry of the 14 day period given to her to repay the arrears, the wife entered into an agreement with the council that she could continue to live in the flat provided she paid a sum equivalent to rent and also paid a regular sum to reduce the arrears. The council then noted her liability to make weekly payments as though they were rent under this agreement, and increased the amounts due in accordance with their general rental policy. The wife did not comply with the agreement.