Crown Estate Commissioners v The Peabody Trust & Anor [2011] EWHC 1467 (Ch) (10 June 2011)

Crown Estate Commissioners v The Peabody Trust & Anor [2011] EWHC 1467 (Ch) (10 June 2011)

The literal construction of s38(5)(d) Housing Act 1988 applies; upon transfer of the landlord's interest from the Crown Estate Commissioners to a housing association, tenants become assured tenants and not secure or housing association tenants. The statutory language is clear, and there is no conflict with Parliamentary intention or the Human Rights Act 1998.

Citation
[2011] EWHC 1467 (Ch)
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
Declaratory Relief Action / Judgment After Hearing
Outcome
Declaratory relief granted
Legal Topics
Tenancy Status on Transfer, Rent Act 1977, Housing Act 1985, Housing Act 1988, Statutory Construction, Human Rights Act 1998
Housing Law Statutory Interpretation Human Rights Tenancy Status on Transfer Rent Act 1977 Housing Act 1985 Housing Act 1988 Statutory Construction +1 more

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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

Declaratory Relief Action / Judgment After Hearing

Legal Issues

  1. 1 What is the statutory status of tenants formerly regulated under the Rent Act 1977 after transfer of the landlord's interest from the Crown Estate Commissioners to a housing association?
  2. 2 Does s38(5)(d) Housing Act 1988 require tenants to become assured tenants rather than secure or housing association tenants?
  3. 3 Is the literal interpretation of 'public body' in s38(5)(d) consistent with Parliamentary intention and the Human Rights Act 1998?

Ratio Decidendi

The literal construction of s38(5)(d) Housing Act 1988 applies; upon transfer of the landlord's interest from the Crown Estate Commissioners to a housing association, tenants become assured tenants and not secure or housing association tenants. The statutory language is clear, and there is no conflict with Parliamentary intention or the Human Rights Act 1998.

Court Disposition

Declaratory relief granted

Orders

  • Declaration that tenants of the First Defendant have become assured tenants upon transfer of the landlord's interest from the Claimant.