The Queen (on the application of Kalonga) v London Borough of Croydon

The Queen (on the application of Kalonga) v London Borough of Croydon

A local housing authority has no power to extend the time for a tenant to request a review under section 107E of the Housing Act 1985. The statutory scheme for flexible tenancies is a specific code, and the absence of an express power to extend time in section 107E, when such powers are present elsewhere in the Act, means no such power can be implied. General management powers under section 21 cannot override or supplement this specific statutory code.

Parties
Appellant/claimant: The Queen (on the application of Kalonga); Respondent/defendant: London Borough of Croydon
Jurisdiction
England and Wales
Judgment Date
17 May 2022
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Construction, Judicial Review, Local Authority Powers, Housing Management, Time Limits for Statutory Review
Administrative Law Housing Law Local Government Law Statutory Construction Judicial Review Local Authority Powers Housing Management Time Limits for Statutory Review

Case Brief

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Parties

The Queen (on the application of Kalonga)

Appellant/claimant

London Borough of Croydon

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a local housing authority has power to extend the time for a tenant to request a review under section 107E of the Housing Act 1985
  2. 2 Whether section 21 of the Housing Act 1985 confers a general power to extend statutory time limits in the absence of express provision

Ratio Decidendi

A local housing authority has no power to extend the time for a tenant to request a review under section 107E of the Housing Act 1985. The statutory scheme for flexible tenancies is a specific code, and the absence of an express power to extend time in section 107E, when such powers are present elsewhere in the Act, means no such power can be implied. General management powers under section 21 cannot override or supplement this specific statutory code.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.