Croydon LBC v Kalonga is listed for 12 January 2022 with Justin Bates of Landmark Chambers, leading Anneli Robins, 4-5 Grays Inn Square, instructed by Denise Phillips of GT Stewart, Solicitors.
The issue raised is whether the Supreme Court will agree with the lower Courts, that in order to terminate a flexible tenancy during the fixed term, a Local Authority must use the “termination order” provisions in the Housing Act 1985 (as Ms Kalonga contends) or whether the Landlord can simply seek a possession order (as Croydon LBC argues).
The reason why this matters is because there are tens of thousands of flexible tenancies in England; and there are more being granted every year. Many Local Authorities have very, very similar tenancy agreements deployed. Should Ms Kalonga be successful then it will mean that many – likely thousands – of flexible tenants cannot be evicted during the fixed term of the tenancy. The result will determine whether thousands of people will get to stay in their properties for the designated fixed period, regardless of what the Local Authority wants because of how Local Authorities draft their tenancy agreements.
Justin Bates sums up the key issues in the case and outlines the decisions which will need to be made in the Supreme Court in this seven minute video.
Landmark’s property barristers appeared twice in the Supreme Court in the final two months of 2021, with Croydon LBC v Kalonga coming up next week and Candey Ltd v Russell Crumpler and Christopher Farmer (as Joint Liquidators of Peak Hotels and Resorts Limited (in liquidation)) UKSC 2020/0039 scheduled for 2 and 3 March. David Holland QC of Landmark is leading Stephen Robins of South Square.
Watch summaries of Firstport Property Services ltd v Settlers Court RTM Company Ltd and others with Simon Allison, leading Kimberley Ziya; both of Landmark Chambers here; and Fearn and others v Board of Trustees of the Tate Gallery with Tom Weekes QC, leading Jacon Dean of 5BR and Richard Moules of Landmark Chambers – here, which both had decisions handed down towards the end of 2021.