Secretarial Nominee Co Ltd v Thomas and others
Secretarial Nominee Co Ltd v Thomas and others
- 2005
[2005] EWCA Civ 1008, 29 July 2005. Concerns the correct application of the transitional provision in the Housing Act 1988 s34 (1)(b) which allows for continuity of protected tenancy status. Appeal by landlord (S) against a decision that the first respondent (T) was entitled to protected tenancy status by virtue of s34 (1)(b) of the Act. T had been a joint tenant in S's property with a variety of other tenants under a succession of annual tenancy agreements commencing after the Act had come into effect. One of the other tenants in T's first tenancy had immediately previously been a tenant in the same property with a protected tenant. When S sought possession T contended that the protected tenancy status could be passed on to new joint tenants if any of the immediately previous tenants, singly or jointly, took on a new tenancy. "Held": appeal allowed. T was not a tenant within the protection of s34 (1)(b) of the Act. S34 (1)(b) was not intended to extend protection to parties who became tenants of the landlord for the first time after the new assured tenancy regime commenced on 15 January 1989.
SECRETARIAL NOMINEE CO LTD V THOMAS AND OTHERS
HOUSING ACT 1988 S34(1)(B)
[2005] EWCA Civ 1008, 29 July 2005. Concerns the correct application of the transitional provision in the Housing Act 1988 s34 (1)(b) which allows for continuity of protected tenancy status. Appeal by landlord (S) against a decision that the first respondent (T) was entitled to protected tenancy status by virtue of s34 (1)(b) of the Act. T had been a joint tenant in S's property with a variety of other tenants under a succession of annual tenancy agreements commencing after the Act had come into effect. One of the other tenants in T's first tenancy had immediately previously been a tenant in the same property with a protected tenant. When S sought possession T contended that the protected tenancy status could be passed on to new joint tenants if any of the immediately previous tenants, singly or jointly, took on a new tenancy. "Held": appeal allowed. T was not a tenant within the protection of s34 (1)(b) of the Act. S34 (1)(b) was not intended to extend protection to parties who became tenants of the landlord for the first time after the new assured tenancy regime commenced on 15 January 1989.
SECRETARIAL NOMINEE CO LTD V THOMAS AND OTHERS
HOUSING ACT 1988 S34(1)(B)