header-logo header-logo

Landlord & tenant

23 June 2011
Issue: 7471 / Categories: Case law , Law digest
printer mail-detail

Crown Estate Commissioners v Governors of Peabody Trust and another [2011] EWHC 1467 (Ch), [2011] All ER (D) 63 (Jun)

Prior to the Housing Act 1988, the principle was well established that if the landlord changed, the tenant was only entitled to the form of tenancy, and security which the new landlord was capable of offering. The literal effect of s 38(5)(d) of the 1988 Act was as follows. Upon the claimant transferring its interest as landlord to another landlord, then the regulated tenants become assured tenants. That was because s 38(1) and (3) of the 1988 Act applied and had the effect of disapplying para 1 of Sch 1 to the 1988 Act.

Accordingly, instead, s 1 of the 1988 Act applied and meant that the tenancies became assured tenancies and could not be protected or housing association tenancies. This was the case even if the new landlord was a private landlord capable of being the grantor of a regulated tenancy pursuant to the Rent Act 1977.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll