Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB) (08 November 2021)

Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB) (08 November 2021)

Ms Carter was entitled to enforce the contractual succession provisions as a beneficiary of a trust of the promise in the tenancy agreement, despite the doctrine of privity of contract, because the agreement was intended to benefit a defined class of successors. She complied with the contractual conditions for succession. The notice to quit was not effective to terminate her rights. Clarion's failure to follow its own policy and consider her application was unlawful. The appeal was dismissed and Ms Carter's right to succeed was upheld.

Citation
[2021] EWHC 2890
Parties
Appellant / Claimant: Clarion Housing Association Limited; Respondent / Defendant: Louise Mary Carter (as personal representative of Agnes Monica Carter (deceased) and personally)
Jurisdiction
England and Wales
Judgment Date
08 November 2021
Procedural Posture
Appeal (housing Possession) / High Court (queen's Bench Division) on Appeal From County Court
Outcome
Appeal dismissed; judgment for Ms Carter
Legal Topics
Succession to Tenancy, Privity of Contract, Trust of a Promise, Notice to Quit, Mandatory Ground 7 (housing Act 1988), Human Rights (article 8 Echr), Public Law Defences, Service of Notice on Public Trustee
Housing Law Contract Law Trusts and Equity Public Law Succession to Tenancy Privity of Contract Trust of a Promise Notice to Quit +4 more

Case Brief

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Parties

Clarion Housing Association Limited

Appellant / Claimant

Louise Mary Carter (as personal representative of Agnes Monica Carter (deceased) and personally)

Respondent / Defendant

Procedural Posture

Appeal (housing Possession) / High Court (queen's Bench Division) on Appeal From County Court

Legal Issues

  1. 1 Whether Ms Carter became an assured tenant in equity on her mother's death
  2. 2 Whether Ms Carter could enforce contractual succession rights as a third party
  3. 3 Whether Ms Carter complied with contractual conditions for succession

Ratio Decidendi

Ms Carter was entitled to enforce the contractual succession provisions as a beneficiary of a trust of the promise in the tenancy agreement, despite the doctrine of privity of contract, because the agreement was intended to benefit a defined class of successors. She complied with the contractual conditions for succession. The notice to quit was not effective to terminate her rights. Clarion's failure to follow its own policy and consider her application was unlawful. The appeal was dismissed and Ms Carter's right to succeed was upheld.

Court Disposition

Appeal dismissed; judgment for Ms Carter

Orders

  • Declaration that Ms Carter is entitled to enforce the contractual succession provisions and succeed to the tenancy
  • Possession claim dismissed