High Court to hear case on how flexible tenancies are terminated during fixed term

A case that will consider how flexible tenancies are terminated during the fixed term has been transferred to the High Court, it has been reported.

Flexible tenancies are a species of fixed term secure tenancy provided by local authorities and created by the Localism Act 2011, Landmark Chambers said.

It explained: “Since their inception, there has been a debate about how they are terminated during the fixed term. In particular, there is a view that they need to be terminated by way of forfeiture (see the article in the Journal of Housing Law, Vol.17).”

On 9 May, HHJ Bailey at Central London County Court transferred the case of Croydon v Kalonga to the High Court for the issue to be determined.

“The case is likely to be of interest to many thousands of local authority tenants,” Landmark Chambers said. The set’s Justin Bates is leading for the tenant.