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.
