Court of Appeal to consider whether authorities have power to waive compliance with statutory time limits relating to flexible tenancies

05 Apr 2022

In Croydon LBC v Kalonga [2022] 2 WLR 592, SC the Supreme Court explained how a flexible tenancy could be determined during its fixed term. Our summary of the judgment can be read here.

While those proceedings were on-going the authority served on the tenant notice within the meaning of s.107D(3) Housing Act 1985 informing her that it did not propose to grant her a new tenancy on expiry of her fixed-term tenancy, in order that possession could be sought after its fixed term. The tenant sought a review of that decision out of time, and then brought a judicial review claim against the authority’s decision that it had no power to waive compliance with the statutory time limit. In R (Kalonga) v Croydon LBC [2021] PTSR 1953, QB Cavanagh J held that the authority had been right that it had no such power, dismissed the claim, and granted permission to appeal. Our summary of the judgment can be read here.

That appeal will be heard tomorrow, and will be live-streamed here.

Riccardo Calzavara continues to appear for the authority, instructed by Jenny Fraser-Browne.