Croydon London Borough Council v Kalonga

Croydon London Borough Council v Kalonga

A landlord cannot determine a secure flexible tenancy prior to the expiry of the fixed term unless the tenancy contains a forfeiture clause enabling early termination. As the tenancy agreement in this case does not contain such a clause, the landlord cannot bring the tenancy to an end before the expiry of the fixed...

Source-derived case information.

Parties
Claimant: Croydon London Borough Council; Defendant: Miss Chipo Kalonga
Jurisdiction
England and Wales
Judgment Date
02 June 2020
Procedural Posture
Possession Claim / Trial of Preliminary Issue
Outcome
claim dismissed
Legal Topics
Secure Tenancies, Flexible Tenancies, Forfeiture, Termination of Tenancy, Statutory Interpretation
Landlord and Tenant Housing Law Property Law Secure Tenancies Flexible Tenancies Forfeiture Termination of Tenancy Statutory Interpretation

Source-derived case record

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Croydon London Borough Council

Claimant

Miss Chipo Kalonga

Defendant

Procedural Posture

Possession Claim / Trial of Preliminary Issue

Legal Issues

  1. 1 How does a landlord under a secure flexible tenancy obtain possession during the fixed term?
  2. 2 Does the tenancy agreement contain a forfeiture clause enabling early termination?
  3. 3 Can the landlord determine the tenancy prior to expiry of the fixed term without a forfeiture clause?

Ratio Decidendi

A landlord cannot determine a secure flexible tenancy prior to the expiry of the fixed term unless the tenancy contains a forfeiture clause enabling early termination. As the tenancy agreement in this case does not contain such a clause, the landlord cannot bring the tenancy to an end before the expiry of the fixed term.

Court Disposition

claim dismissed

Orders

  • The landlord's claim for possession is dismissed.
  • The tenant's counterclaim is to be remitted to the county court for directions.