Westminster City Council (Appellant/Claimant) v Gems House Residences Chiltern Street Limited and another (Respondents/Defendants)
Tuesday 23 June 2026
By Appellant’s Notice filed on 5 August 2025 the Appellant, Westminster City Council, appeals a decision from the High Court delivered on 22 July 2025 following trial.
In 2013, Westminster City Council approved a requiring 16 flats to remain affordable housing. After the housing provider was deregistered in 2023, the mortgagee sold the flats in 2024 to a private buyer. The Council argued the affordable housing obligations still applied.
The key issue was whether a clause exempting mortgagees (and their successors) applied, depending on whether the borrower was a Registered Social Provider at the time of the mortgage or at the time of sale.
The Judge held that the relevant time is when the mortgage was granted. The Council’s claim failed, and the injunction preventing market letting was lifted.
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