Application to Crown property: HA 1988 s. 44
Explains which housing law provisions apply to Crown property (premises with a Crown interest), including exceptions for certain sections and definitions.
Subject to paragraph 11 of Schedule 1 to this Act and subsection (2) subsections (1A) and (2) below, Chapters I to IV above apply in relation to premises in which there subsists, or at any material time subsisted, a Crown interest as they apply in relation to premises in relation to which no such interest subsists or ever subsisted. In Chapter 1— section 16J does not bind the Crown; in section 16K(1) as it applies by virtue of subsection (1), the reference to a person being guilty of an offence under section 16J is to be read as a reference to the person— being a landlord under an assured tenancy, or acting or purporting to act on behalf of such a landlord, and (in relation to that tenancy) satisfying the condition in paragraph (a) of section 16J(1) where the condition in paragraph (b) of section 16J(1) is also satisfied, contravening section 16E(2) or (3), satisfying the conditions in paragraphs (a) and (b) of section 16J(3), or satisfying the conditions in paragraphs (a) and (b)(i) of section 16J(4), and section 16K(4) is to be read accordingly. Subsection (1A)(a) does not affect the criminal liability of persons in the service of the Crown. In Chapter IV above— sections 27 and 28 do not bind the Crown; and the remainder binds the Crown to the extent provided for in section 10 of the Protection from Eviction Act 1977. In this section “ Crown interest ” means an interest which belongs to Her Majesty in right of the Crown or of the Duchy of Lancaster or to the Duchy of Cornwall, or to a government department, or which is held in trust for Her Majesty for the purposes of a government department. Where an interest belongs to Her Majesty in right of the Duchy of Lancaster, then, for the purposes of Chapters I to IV above, the Chancellor of the Duchy of Lancaster shall be deemed to be the owner of the interest.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section says that the main rules in Chapters I to IV of the Housing Act 1988 (which cover assured tenancies, security of tenure, rent, etc.) apply to premises that have a 'Crown interest' in the same way as they apply to premises without one. A Crown interest means an interest belonging to the Queen in right of the Crown, the Duchy of Lancaster, the Duchy of Cornwall, a government department, or held in trust for the Queen for a government department.
However, there are exceptions. Sections 16J and 27 and 28 do not bind the Crown at all. Section 16K is modified so that references to an offence under section 16J are read as referring to the landlord's actions under certain conditions. Also, subsection (1A)(a) does not affect the criminal liability of people in the service of the Crown. If the interest belongs to the Duchy of Lancaster, the Chancellor of the Duchy is treated as the owner.
When it applies
- A government department owns a house let to a tenant under an assured tenancy; the tenant wants to rely on security of tenure provisions, but the department claims exemption.
- A property is held by the Duchy of Cornwall and the tenant is evicted without a court order; the tenant argues that the Protection from Eviction Act 1977 applies.
- A tenant in a property owned by Her Majesty in right of the Crown tries to enforce a rent repayment order under section 16J, but the landlord argues the Crown is not bound.
- A property is held in trust for Her Majesty for a government department, and a dispute arises over the application of the Housing Act 1988 provisions.
What this section does not say
- This section does not cover the application of the Housing Act 1988 to private landlords who are not acting on behalf of the Crown.
- It does not exempt all Crown property from all provisions; only specific sections (16J, 27, 28) do not bind the Crown, and others apply with modifications.
- It does not address the position of tenants in Crown property regarding their individual rights; that depends on the specific sections that are applied or exempted.
- It does not cover the meaning of 'Crown interest' for other Acts; that definition is specific to this section.
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This page reproduces the text of HA 1988 s. 44 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.