The High Court has considered an NHS Trust's claim to recover a Broadmoor estate house let to a retired nurse since 1988, and whether Rent Act 1977 protection applies to his tenancy.
Key facts
- Who: West London National Health Service Trust, which owns the Broadmoor estate, and Keith Douglas Palmer, a retired nurse who has rented a house there since 1988
- From: 18 August 2026 (judgment date)
- Source: West London National Health Service Trust v Keith Douglas Palmer [2026] EWHC 2183 (KB)
In West London National Health Service Trust v Keith Douglas Palmer [2026] EWHC 2183 (KB), the King's Bench Division of the High Court, sitting at the Royal Courts of Justice, gave judgment on 18 August 2026. David O'Mahony, sitting as a Deputy High Court Judge, heard the case on 7 to 9 July 2026.
Background
The claimant NHS Trust owns and manages Broadmoor Psychiatric Hospital. It is the freehold owner of 29 Eastern Lane, Crowthorne, a house within the hospital estate. The defendant is a retired nurse who worked at Broadmoor from 1976. He was granted a monthly "service tenancy" on 29 November 1988 by the Secretary of State for Social Services. His full-time hospital work ended in 2009 and his part-time work in 2014. He still lives in the house with his wife, daughter and grandchild.
The tenancy agreement allowed the landlord to resume possession if rent stayed unpaid for seven days. The Trust served a Notice to Quit on 30 January 2024, expiring on 31 March 2024.
The rent rose over the years, to £750 a month from 1 September 2010. In 2020 the Trust announced a phased rise to £875, £1,000 and then £1,100. In May 2021 it wrote that the rent would be £950 from 1 June 2021. The defendant has continued to pay £750 and has not paid any utilities invoices since April 2014.
The questions
The court had to decide:
- whether the tenancy is a common-law tenancy or has Rent Act 1977 protection. Section 13 of that Act excludes tenancies where the landlord is the Crown or a government department. The parties agreed this tenancy falls within that exclusion through the National Health Service and Community Care Act 1990.
- if it is protected, whether it is reasonable to make a possession order.
- whether a possession order would breach Article 8 of the European Convention on Human Rights.
- whether the rent was validly increased to £950, and so whether rent is owed since 1 June 2021.
- whether the defendant has any defence to the claim for unpaid utilities charges.
The arguments
The defendant argued that section 13 discriminates against him under Article 14, read with Article 8 or Article 1 of Protocol 1. He asked the court to read the section so that it does not apply to him under the Human Rights Act 1998 or, failing that, to declare it incompatible with Convention rights.
The Trust argued that being a "government tenant" is not a recognised "other status" under Article 14. It said the exclusion was justified because the tenancy was granted because of the defendant's employment and the Trust needs to house key workers. It also set out how later housing legislation treats tenancies granted by NHS Trusts because of employment.
What this means for tenants and landlords
The judgment sets out how the court framed the questions of Rent Act protection, possession, rent and utilities charges in a claim over a home let because of a job. Anyone facing a possession claim or a rent or utilities dispute should check their tenancy documents and get advice before any deadline passes.
Sources
- West London National Health Service Trust v Keith Douglas Palmer [2026] EWHC 2183 (KB), High Court (King's Bench Division), 18 August 2026: https://caselaw.nationalarchives.gov.uk/ewhc/kb/2026/2183