But, what about private sector Ts, and housing association Ts? In practice a private tenancy will be a Rent Act T (ie RA 1977 tenancy); alternatively it may be an assured tenancy or an assured shorthold tenancy (under HA 1988). A housing association T will have a secure tenancy (under HA 1985) if the tenancy was granted between 1980 and 1988; if granted after 1988 then T will have an assured tenancy (under HA 1988). The HA has held that these non-secure tenancies are treated differently; accordingly, if a suspended possession order is made then the tenancy will not come to an end on the possession date specified in that order, and the tenancy will continue in existence until either the order for possession is enforced, or T otherwise vacates. Thus, there is no question of the private sector tenant (whether an RA T or assured/assured shorthold T) becoming a tolerated trespasser. The logic behind this distinction is that HA 1985 (dealing with secure tenancies) says ‘the tenancy ends on the date on which T is to give up possession in pursuance of the order’, whereas HA 1988 (private sector and housing association tenancies) contains no such provision. 



As far as secure Ts are concerned reform is in the pipeline; HRA 2008 will make it clear that such tenancies only end ‘when the order is executed’. In addition, the HL has made it clear that a secure T who becomes a tolerated trespasser, and who has then repaid all arrears and costs, can apply for the discharge of the suspended possession order and then regain the status as a secure T (and reacquire any right-to-buy entitlement). Knowsley Housing Trust v White and Honeygan-Green [2008] UKHL 70 (access free at 
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