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The Supreme Court has granted Croydon LBC permission to appeal in Croydon LBC v Kalonga. The case concerns the Flexible Tenancy (Localism Act 2011), a form of fixed term secure tenancy granted by local authorities since 2011. The Court of Appeal held that such tenancies could only be terminated during the fixed term if the landlord had a forfeiture clause in the tenancy agreement and used the forfeiture-style procedure for possession in Housing Act 1985; as Croydon had neither the relevant clause in its tenancy nor had it sought possession by way of forfeiture, the claim was dismissed.

There are thought to be around 30,000 Flexible Tenancies in England, many of which do not have forfeiture clauses in the tenancy agreements.

Justin Bates will be leading Anneli Robins for the tenant in the Supreme Court, as he has in the High Court and Court of Appeal. They are instructed by GT Stewart, Solicitors.

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