Kilby, R (on the application of) v Basildon District Council

Kilby, R (on the application of) v Basildon District Council

Clause 11 of the Council’s tenancy agreement, which required the approval of a majority of tenants’ representatives for any variation of tenancy terms, is incompatible with sections 102 and 103 of the Housing Act 1985. The statute provides an exclusive code for variation of secure tenancies, allowing variation only by agreement, pursuant to existing contractual terms (for certain matters), or by unilateral notice after consultation. The Council cannot contractually fetter or delegate its statutory power to vary tenancies by notice, and any such contractual provision is ineffective.

Parties
Appellant/claimant: Maurice Kilby; Respondent/defendant: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
22 May 2007
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal dismissed
Legal Topics
Variation of Tenancy Agreements, Statutory Powers of Local Authorities, Fettering of Discretion, Delegation of Statutory Powers
Housing Law Administrative Law Contract Law Variation of Tenancy Agreements Statutory Powers of Local Authorities Fettering of Discretion Delegation of Statutory Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Maurice Kilby

Appellant/claimant

Basildon District Council

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether a local authority can lawfully bind itself by contract to subject its statutory power to vary tenancy agreements by notice to the approval of tenants’ representatives under the Housing Act 1985.

Ratio Decidendi

Clause 11 of the Council’s tenancy agreement, which required the approval of a majority of tenants’ representatives for any variation of tenancy terms, is incompatible with sections 102 and 103 of the Housing Act 1985. The statute provides an exclusive code for variation of secure tenancies, allowing variation only by agreement, pursuant to existing contractual terms (for certain matters), or by unilateral notice after consultation. The Council cannot contractually fetter or delegate its statutory power to vary tenancies by notice, and any such contractual provision is ineffective.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.