Slamon v Planchon

Slamon v Planchon

The statutory requirements for the resident landlord exception under section 10(1) and (4) of the Act demand continuity of ownership or beneficial interest under the same trust from before the conversion to the relevant date. The respondent failed to demonstrate such continuity due to changes in legal and beneficial ownership and the existence of two separate trusts. The clear statutory language does not permit mixing of interests or reading in a purposive construction contrary to the text.

Parties
Appellant: Slamon; Respondent: Planchon
Jurisdiction
England and Wales
Judgment Date
26 June 2004
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed
Legal Topics
Collective Enfranchisement, Resident Landlord Exception, Statutory Interpretation
Land Law Landlord and Tenant Collective Enfranchisement Resident Landlord Exception Statutory Interpretation

Case Brief

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Parties

Slamon

Appellant

Planchon

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the respondent met the statutory requirements for the resident landlord exception under the Leasehold Reform (Housing and Urban Development) Act 1993 as amended
  2. 2 Whether there was continuity of ownership or beneficial interest as required by section 10(1) and 10(4) of the Act

Ratio Decidendi

The statutory requirements for the resident landlord exception under section 10(1) and (4) of the Act demand continuity of ownership or beneficial interest under the same trust from before the conversion to the relevant date. The respondent failed to demonstrate such continuity due to changes in legal and beneficial ownership and the existence of two separate trusts. The clear statutory language does not permit mixing of interests or reading in a purposive construction contrary to the text.

Court Disposition

Appeal allowed

Orders

  • Judge’s order set aside
  • Declaration of entitlement to the right of collective enfranchisement