Secretarial Nominee Co Ltd v Thomas & Ors [2005] EWCA Civ 1008 (29 July 2005)

Secretarial Nominee Co Ltd v Thomas & Ors [2005] EWCA Civ 1008 (29 July 2005)

Section 34(1)(b) of the Housing Act 1988 does not permit Rent Act protection to be passed indefinitely to new joint tenants; the transitional protection is limited to persons who were protected or statutory tenants at the commencement of the Act. Mr Thomas, not being such a tenant at the relevant time, is not entitled to Rent Act protection.

Citation
[2005] EWCA Civ 1008
Parties
Appellant/claimant: Secretarial Nominee Co Ltd; Respondent/defendant: Thomas & ors
Jurisdiction
England and Wales
Judgment Date
29 July 2005
Procedural Posture
Civil Appeal / Appeal From District Judge's Decision at Central London Civil Justice Centre
Outcome
Appeal allowed
Legal Topics
Transitional Provisions Under Housing Act 1988, Protected Tenancies, Statutory Interpretation, Joint Tenancies, Rent Act 1977
Landlord and Tenant Housing Law Transitional Provisions Under Housing Act 1988 Protected Tenancies Statutory Interpretation Joint Tenancies Rent Act 1977

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Parties

Secretarial Nominee Co Ltd

Appellant/claimant

Thomas & ors

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From District Judge's Decision at Central London Civil Justice Centre

Legal Issues

  1. 1 Does section 34(1)(b) of the Housing Act 1988 allow Rent Act protection to be passed to new joint tenants indefinitely?
  2. 2 Does the phrase 'a person (alone or jointly with others) who...was a protected or statutory tenant' in section 34(1)(b) extend Rent Act protection to subsequent joint tenants who were not original protected tenants?

Ratio Decidendi

Section 34(1)(b) of the Housing Act 1988 does not permit Rent Act protection to be passed indefinitely to new joint tenants; the transitional protection is limited to persons who were protected or statutory tenants at the commencement of the Act. Mr Thomas, not being such a tenant at the relevant time, is not entitled to Rent Act protection.

Court Disposition

Appeal allowed

Orders

  • Possession claim by Secretarial Nominee Co Ltd succeeds; Mr Thomas is not entitled to Rent Act protection under section 34(1)(b).