Westminster City Council v Duke of Westminster information
Westminster City Council v Duke of Westminster
Court
High Court of Justice of England and Wales, Chancery Division
Full case name
Westminster City Council v Duke of Westminster and Others
Decided
26 November 1990
Citation(s)
[1991] 4 All ER 136
Case history
Prior action(s)
Ruling of Lands Tribunal (unreported)
Appealed to
Court of Appeal of England and Wales
Subsequent action(s)
[1992] 24 HLR 572 CA (Civ Div) reversal in part on another ground [1]
Case opinions
Decision by
Mr Justice Harman
Keywords
positive covenants
restrictive covenants
obsolescence
rule against perpetuities
Whether consideration for headleases past
Westminster City Council v Duke of Westminster was a case between Westminster City Council and the 6th Duke of Westminster (and fellow family trust co-trustees) heard in November 1990.[2] The dispute concerned 532 flats in Page Street, Vincent Street and Regency Street, Pimlico, London.[3] These had been designed by architect Sir Edwin Lutyens and erected between 1928 and 1930 for the 2nd Duke and the other family trustees.[4] In 1937 the trustees leased them (for a peppercorn rent of 1 shilling) to the council on a 999-year lease containing the stipulation that they be used only as "dwellings for the working classes... and no other purpose."[5][6]
In 1990 the Council argued that the term "working class" was now meaningless and that the stipulation should be overturned, allowing them to sell the leaseholds of the flats to anyone, against the Duke's wishes.[5][7][8] The Duke maintained that the properties should remain available as low-rent accommodation for those who could not afford to purchase long leaseholds. His freehold interest means the Duke can charge for extensions and structural alterations.[9] If a majority of a block becomes privately owned that majority can pay for and cease his future such rights: via collective enfranchisement.[10] The case was dubbed Westminster v Westminster by the media.[11]
^Chitty on Contracts, 31st edition volumes 1 & 2 at page 313
^"Class revival". The Daily Telegraph. London. 15 April 2002. p. 19.
^Barker, Dennis (27 November 1990). "Fast-moving Duke of charitable bent". The Guardian. Manchester. p. 8.
^Sherwood, Roger (2002). "Page Street". Housing Prototypes. Retrieved 5 November 2013.
^ ab"We are all workers now". The Times. London. 8 October 1990. p. 14.
^Young, Robin (22 November 1990). "Is 'working class' the passport to Pimlico?". The Times. London. p. 4.
^"Dukes and Dustmen". The Times. London. 22 November 1990. p. 13.
^Lewthwaite, Gilbert A. (30 October 1990). "British upper crust debates meaning of 'working class'". The Baltimore Sun. Baltimore. p. 3.
^Landlord and Tenant Act 1927
^"Duke's case". The Times. London. 24 November 1990. p. 6.
^Hosken, Andrew (2006). Nothing Like a Dame. London: Granta Books. ISBN 9781862078093. p.286
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