Zoom webinar – How to determine a flexible tenancy during its fixed term

Local authorities have long wondered how to determine a flexible tenancy during its fixed term.

Was it necessary to have a forfeiture clause? What does a forfeiture clause look like in a modern tenancy agreement over social housing? Must possession be recovered by forfeiture? Is it necessary in a non-rent case to serve notice within the meaning of s.146 Law of Property Act 1925? Can a tenant seek relief from forfeiture pursuant to s.138 County Courts Act 1984?

In Croydon LBC v Kalonga [2020] EWHC 1353 (QB) the High Court considered these questions. Its decision does not tally with either of the parties’ expectations: a flexible tenancy can only be determined during its fixed term if the tenancy agreement contains a forfeiture clause but, paradoxically, the local authority does not need to seek possession pursuant to that forfeiture clause, nor do any of the statutory protections apply. So it must have it, but it needn’t use it.

Delivered by Riccardo Calzavara, who represented Croydon LBC, the webinar will consider the arguments, the judgment, its consequences, and the likely arguments on appeal.