Secretarial Nominee Co Ltd v Thomas & Ors

The transitional protection of section 34(1)(b) of the Housing Act 1988 is only available to persons who were Rent Act tenants at the commencement of the Act and does not extend to new joint tenants who were not previously protected tenants. The protection cannot be passed on ad infinitum through successive changes in joint tenancy composition.

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 Central London Civil Justice Centre, Judgment of District Judge Langley
Outcome: appeal allowed
Legal Topics: Protected Tenancies, Statutory Tenancies, Transitional Provisions, Joint Tenancies, Rent Act 1977, Housing Act 1988

Landlord and Tenant Law Housing Law Protected Tenancies Statutory Tenancies Transitional Provisions Joint Tenancies Rent Act 1977 Housing Act 1988

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Secretarial Nominee Co Ltd

Appellant/claimant

Thomas & ors

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London Civil Justice Centre, Judgment of District Judge Langley

Legal Issues

1 Whether a new tenancy granted after the commencement of the Housing Act 1988 to a former Rent Act tenant jointly with others extends Rent Act protection to new joint tenants who were not previously protected tenants
2 Whether section 34(1)(b) of the Housing Act 1988 allows Rent Act protection to be passed on to successive new joint tenants

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Mr Thomas is not a Rent Act tenant within the protection of section 34(1)(b) of the Housing Act 1988
Landlord's claim for possession succeeds