Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670 (17 May 2022)

Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670 (17 May 2022)

The Council 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 detailed and specific code. Where Parliament has expressly provided for extensions of time in some provisions but not in section 107E, the omission is deliberate and precludes any implied power to extend. General management powers under section 21 cannot override or supplement this specific code. The phrase 'if duly made' in section 107E means only requests made within the 21-day period are valid.

Citation
[2022] EWCA Civ 670
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 Interpretation, Judicial Review, Local Authority Powers, Housing Act 1985, Flexible Tenancies, Time Limits for Review
Administrative Law Housing Law Local Government Law Statutory Interpretation Judicial Review Local Authority Powers Housing Act 1985 Flexible Tenancies +1 more

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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 management power to extend time limits in the face of a specific statutory code

Ratio Decidendi

The Council 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 detailed and specific code. Where Parliament has expressly provided for extensions of time in some provisions but not in section 107E, the omission is deliberate and precludes any implied power to extend. General management powers under section 21 cannot override or supplement this specific code. The phrase 'if duly made' in section 107E means only requests made within the 21-day period are valid.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.