Kilby v Basildon District Council

Clause 11 of the tenancy agreement is void because it purports to provide a method of variation of secure tenancies not permitted by section 102(1) of the Housing Act 1985, which sets out an exclusive code for such variations. The Council cannot contract out of or fetter its statutory powers of variation, and any such attempt is ultra vires and ineffective.

Parties: Claimant: Maurice Kilby; Defendant: Basildon District Council
Jurisdiction: England and Wales
Judgment Date: 26 July 2006
Procedural Posture: Judicial Review / Judgment
Outcome: Application for judicial review dismissed
Legal Topics: Variation of Tenancy Agreements, Statutory Powers of Local Authorities, Ultra Vires, Legitimate Expectation

Housing Law Administrative Law Contract Law Variation of Tenancy Agreements Statutory Powers of Local Authorities Ultra Vires Legitimate Expectation

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Parties

Maurice Kilby

Claimant

Basildon District Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether clause 11 of the tenancy agreement is ultra vires and void as an unlawful fetter on the Council's statutory powers under the Housing Act 1985
2 Whether the Council can contractually agree to restrict its statutory powers of variation under sections 102 and 103 of the Housing Act 1985
3 Whether the claimant has a legitimate expectation that the Council will follow clause 11's procedure

Ratio Decidendi

Court Disposition

Application for judicial review dismissed