Tolerated trespass has been abolished as from 20 May for the vast majority of tenants.

The problem arose when L got a possession order, but with T then being allowed to stay at the property. Typically, this would be on the basis that T (now a tolerated trespasser) continued to pay the current rent, plus an additional sum towards rent arrears. The actual status of T would depend upon the wording used in the possession order, but in Harlow [2006] it was held that a typical possession order resulted in the secure tenancy coming to an end on the date specified in the order, with T therefore remaining in the premises merely as a tolerated trespasser (and not as a T). Since that decision, the wording of suspended possession orders has been amended, but there are still numerous occupiers who have previously had such orders made against them, who have remained tolerated trespassers (although often, they will have had no idea that they were no longer Ts). The practical importance of this is that the occupier would no longer have a right to buy, succession rights, a right to exchange, or contractual rights to repair and maintenance of the property. Thus, there has been considerable pressure to amend the law, and that has now happened by virtue of Sched 11 Housing and Regeneration Act 2008 (brought into force by SI 2009/1261 & 1261).