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Permission to appeal granted in Croydon LBC v Kalonga

24.08.2020

The Court of Appeal has granted permission to appeal against the judgment of Tipples J in Croydon LBC v Kalonga [2020] EWHC 1353 (QB). Floyd LJ granted permission on both grounds on the papers on the basis that they have a real prospect of success, and ordered expedition of the appeal hearing. 

The effect of the judgment in the High Court is that in order to determine a flexible tenancy during its fixed term, a local authority landlord must have a forfeiture clause. The first ground of appeal is that the words “subject to termination by the landlord” in s.82(1) Housing Act 1985 mean termination of the fixed-term tenancy by any lawful means available and not solely by re-entry or forfeiture. The second ground of appeal arises only if the first ground is rejected: it assumes (without conceding) that Tipples J was right to restrict s.82(1) to termination by re-entry or forfeiture, and invites the Court of Appeal to construe the relevant tenancy terms as having that effect.

Our note on the judgment is here and there is a webinar freely available here.

Kelvin Rutledge QC and Riccardo Calzavara are instructed by Jenny Fraser-Browne for Croydon LBC.