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. The dispute concerned 532 flats in Page Street, Vincent Street and Regency Street, Pimlico, London. These had been designed by architect Sir Edwin Lutyens and erected between 1928 and 1930 for the 2nd Duke and the other family trustees. 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."
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. 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. If a majority of a block becomes privately owned that majority can pay for and cease his future such rights: via collective enfranchisement. The case was dubbed Westminster v Westminster by the media.
Background
'Building Stable Communities' policy
Local Conservatives formed a reduced majority of 4 on Westminster City Council in the 1986 local council elections. The area split roughly into thirds by ward result: strong Labour, strong Tory and marginal-majority two- or three- councillor wards. Following this and fearing her fellow members would lose control unless there was a radical change in the social composition of the borough, council leader Shirley Porter instituted a secret policy known as 'Building Stable Communities' (BSC), focusing on eight marginal wards where the Conservatives wished to gain votes at the 1990 local council elections. An important part of this policy was the slow renovation and designation of much of Westminster's council housing for open market sale, rather than re-letting whenever a short term tenancy became vacant. The designated housing was concentrated in those wards most likely to change hands to Labour in the elections and the policy was intended to force people on low incomes - perceived to be likely Labour supporters - out of the area by disposing of social housing. The council expected that this would result in more owner-occupiers, rather than renters, "a pattern of tenure which is more likely to translate into Conservative votes."
Grosvenor Estate
The properties, collectively known as the Grosvenor Estate, had been built in Pimlico on the instructions of the 2nd Duke of Westminster, who owned the land. Demolished housing on the site had been "dilapidated", prone to flooding and the "densely populated slum" was demolished in 1928 after being condemned by the Westminster Medical Officer of Health. Lutyens, who has been described as "arguably the greatest architect the country has produced", was at the time working as a consultant architect for the nearby Grosvenor House and was asked by the Duke to design new housing for workers on Page Street, Vincent Street and Regency Street.
In 1937 the duke and his family trustees granted leases of the 532 flats to Westminster council for 999 years (retaining the freehold) containing the condition that the flats be used as "dwellings for the working classes... and no other purpose."