Terminating a flexible tenancy in the fixed term: Supreme Court judgment in Kalonga

On 9 March 2022 the Supreme Court gave judgment in Croydon London Borough Council v Kalonga [2022] UKSC 7.

It held that a landlord under a fixed term tenancy can recover possession during the fixed term in two circumstances only.

Firstly, if the tenancy contains a contractual break clause, the landlord may exercise that clause and then seek possession in a way similar to that applicable to periodic tenancies.

Secondly, if the tenancy contains a forfeiture clause, sections 82 and 86 of the Housing Act 1985 provide for a special form of forfeiture to apply.

For a summary of the judgment, see New Housing Law Cases below.

For the full judgment, click here.

For a brief explanation of the judgment by Justin Bates of Landmark Chambers, who appeared for Ms Kalonga in the Supreme Court, click here.

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