Crown Estate Commissioners v The Peabody Trust & Anor

Crown Estate Commissioners v The Peabody Trust & Anor

On the proper construction of s38(5)(d) of the Housing Act 1988, the definition of 'public body' includes the Crown Estate Commissioners. Therefore, upon transfer of the reversionary interest from the Claimant to the First Defendant, the tenants ceased to be regulated tenants and became assured tenants under the Housing Act 1988. There is no sufficient basis to depart from the literal meaning, and the Human Rights Act 1998 does not require a different result.

Parties
Claimant: The Crown Estate Commissioners; First Defendant: The Governors of the Peabody Trust; Second Defendant (representative Defendant Pursuant to CPR 19.7): Margaret Poplak
Jurisdiction
England and Wales
Judgment Date
10 June 2011
Procedural Posture
Civil / Judgment After Trial of Preliminary Issue
Outcome
Declaratory relief granted in favour of the First Defendant's construction; tenants became assured tenants on transfer.
Legal Topics
Status of Tenants After Transfer of Reversion, Interpretation of Housing Act 1988 S38(5)(d), Effect of Transfer From Crown Estate Commissioners to Housing Association, Application of Human Rights Act 1998 to Housing Status, Conflict Between Housing Act 1988 Ss35 and 38
Landlord and Tenant Housing Law Statutory Interpretation Status of Tenants After Transfer of Reversion Interpretation of Housing Act 1988 S38(5)(d) Effect of Transfer From Crown Estate Commissioners to Housing Association Application of Human Rights Act 1998 to Housing Status Conflict Between Housing Act 1988 Ss35 and 38

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Parties

The Crown Estate Commissioners

Claimant

The Governors of the Peabody Trust

First Defendant

Margaret Poplak

Second Defendant (representative Defendant Pursuant to CPR 19.7)

Procedural Posture

Civil / Judgment After Trial of Preliminary Issue

Legal Issues

  1. 1 What is the status of former regulated tenants of the Crown Estate Commissioners after transfer to a housing association?
  2. 2 Does s38(5)(d) of the Housing Act 1988 include land managed by the Crown Estate Commissioners as 'public body'?
  3. 3 Should s38(5)(d) be given a purposive construction to exclude the Crown Estate Commissioners?

Ratio Decidendi

On the proper construction of s38(5)(d) of the Housing Act 1988, the definition of 'public body' includes the Crown Estate Commissioners. Therefore, upon transfer of the reversionary interest from the Claimant to the First Defendant, the tenants ceased to be regulated tenants and became assured tenants under the Housing Act 1988. There is no sufficient basis to depart from the literal meaning, and the Human Rights Act 1998 does not require a different result.

Court Disposition

Declaratory relief granted in favour of the First Defendant's construction; tenants became assured tenants on transfer.

Orders

  • Declaration that tenants of the First Defendant to whom this action is applicable have become assured tenants upon the Claimant’s transfer of interest.