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Use a contractual clause to determine a fixedterm secure tenancy (Croydon London Borough Council v Kalonga)

Croydon London Borough Council (Appellant) v Kalonga (Respondent) [2022] UKSC 7

Local Government analysis: The Supreme Court has held that to obtain a possession order of any secure tenancy during a fixed term under section 82(1)(b) of the Housing Act 1985 (HA 1985) there must be a contractual provision enabling an end to the term prior to the agreed duration. It was argued that it was open to the landlord to utilise HA 1985, s 82(1A)(a) (the traditional route for periodic secure tenancies) to obtain a possession order, rather than HA 1985, s 82(1A)(b) (forfeiture under HA 1985, s 82(3) and (4)), and if forfeiture was required, the tenancy agreement included a forfeiture clause.

Written by Anneli Robins, barrister at 4-5 Gray’s Inn Square who was instructed by the respondent tenant.

Read the full article here

This analysis was first published on Lexis®PSL on 23/03/2021 and can be found here (subscription required).

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